4

The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed.

5

For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being—

a

the widower of a female earner;

b

the widower of a male earner;

c

the widow of a female earner, except where it is a relevant gender change case; or

d

the survivor of a civil partnership with an earner.

6

In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where—

a

the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

b

the marriage of the earner and her widow (that ends with the earner's death) subsisted before the time when the certificate was issued.

7

This section is subject to regulations under section 38A.