Regulation 85 Meaning of “surviving partner”I1

England and Wales

(1)

For the purposes of these Regulations, a person is a surviving partner in relation to a member if, at the date of the member’s death, that person is—

(a)

the spouse or civil partner of the member;

(b)

cohabiting with the member and—

(i)

is not married or in a civil partnership with that member,

(ii)

is not the spouse or civil partner of any other person,

(iii)

could enter into a marriage or civil partnership with the member under the law of England and Wales but has not done so,

(iv)

is financially dependent on the scheme member or is, with the scheme member, in a state of mutual financial dependency, and

(v)

is in a long-term relationship with the scheme member.

(2)

In paragraph (1), “long–term relationship” (“perthynas hirdymor”) means a relationship that has continued for a period of at least two years ending with the date on which the question of the person’s status in relation to the member falls to be considered, or such shorter period as the scheme manager may in any particular case think fit.

(3)

In these Regulations, “cohabiting partner” (“partner sy’n cyd-fyw”) means a person who satisfies the requirements in paragraph (1)(b).

Annotations

Commencement

I1: Reg. 85 in force at 1.4.2015, see reg. 1(2)