PART 9Family benefits

Nomination of surviving nominated partner90

1

A person (A) may nominate another person (B) to receive a pension by giving the Secretary of State a declaration signed by both A and B that the condition in paragraph (2) is satisfied.

2

The condition is that—

a

A is able to marry, or form a civil partnership with, B,

b

A and B are living with each other as if they were husband and wife or civil partners,

c

neither A nor B is living with a third person as if they were husband and wife or civil partners, and

d

either B is financially dependent on A or A and B are financially interdependent.

3

A nomination ceases to have effect if—

a

either A or B gives written notice of revocation to the Secretary of State,

b

A makes a subsequent nomination under this regulation,

c

either A or B marries, forms a civil partnership or lives with a third person as if they were husband and wife or civil partners, or

d

B dies.

4

B is A's surviving nominated partner if—

a

the nomination has effect at the date of A's death, and

b

the condition in paragraph (2) was satisfied for a continuous period of at least 2 years ending on A's death.