Paragraph 10

In rule C8 (limitation where spouses living apart)^f1—

(a)

in paragraph (1), after “spouse”, insert “or civil partner”;

(b)

for paragraph (2), substitute—

“(2)

Except where paragraph (3) applies, a surviving spouse or civil partner who, but for paragraph (1), would be entitled to an award under rule C1, C2, C3 or C4, is entitled instead to a requisite benefit pension calculated—

(a)

in the case of a surviving spouse, in accordance with Part V of Schedule 3; and

(b)

in the case of a surviving civil partner, in accordance with that Part subject to the substitution, in paragraphs 1 and 3, of “5 April 1988”for “5 April 1978”.”;

(c)

in paragraph (3), after “spouse”(in both places), insert “or civil partner”;

(d)

in paragraph (4)—

(i)

in sub-paragraph (a), after “spouse”, insert “or civil partner”; and

(ii)

for sub-paragraph (b), substitute “(b) to the spouse or civil partner for the support of a child of the spouse or civil partner”; and

(e)

in paragraph (7), after “spouse”, insert “or civil partner”.

Annotations

Footnotes

f1: Rule C8(7) was amended by paragraph 26 of Schedule 1 to this Order.