PART 9 E+W+SFamily benefits

Nomination of surviving nominated partnerE+W+S

90.—(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.