Article 23 Surviving eligible partnerI1

United Kingdom

A person is to be regarded as a surviving eligible partner of the deceased if the deceased left no surviving spouse or civil partner, but the person satisfies the Defence Council that at the time of the deceased’s death—

(a)

their relationship was exclusive, committed and long term;

(b)

their relationship was substantial;

F1(c)

the person and the deceased were not prevented from—

(i)

marrying, or prior to the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force would not have been so prevented apart from both being of the same sex, or

(ii)

forming a civil partnership, or F2prior the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force would not have been so prevented apart from being of the opposite sex to each other; and

(d)

either the person was financially dependent on the deceased or they were financially interdependent.

Annotations

Textual amendments

F1: Art. 23(c) substituted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107), art. 1(2), Sch. 1 para. 46
F2: Words in art. 23(c)(ii) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 114

Commencement

I1: Art. 23 in force at 6.4.2010, see art. 1(2)