PART 3BENEFITS FOR PRACTITIONERS, ETC.

CHAPTER 3.EDEATH BENEFITS

Pensions for surviving adults

Meaning of “surviving nominated partner”3.E.2

1

A person is a surviving nominated partner in relation to a member for the purposes of this Part if–

a

the person and the member jointly made and signed a declaration in such form as the Scottish Ministers require that remains effective at the member’s death; and

b

the person satisfies the Scottish Ministers that for a continuous period of 2 years ending with the member’s death–

i

the person and the member were living together in an exclusive relationship as if they were husband and wife or civil partners;

ii

the person and the member were not prevented from marrying or forming a civil partnership; and

iii

the person was financially dependent on the member or the person and the member were financially interdependent.

2

A declaration for the purposes of paragraph (1)(a) ceases to have effect if–

a

it is revoked by the member or other person by a signed notice in writing to the Scottish Ministers in such form as the Scottish Ministers may require or are willing to accept;

b

the member makes a further declaration for the purpose of paragraph (1)(a); or

c

the person or the member marries or forms a civil partnership.