Regulation 2.E.2 Meaning of “surviving nominated partner”

(1)

A person is a surviving nominated partner in relation to a member for the purposes of this Part if–

(a)

the person and the member jointly made and signed a declaration in such form as the Scottish Ministers require that remains effective at the member’s death; and

(b)

the person satisfies the Scottish Ministers that for a continuous period of 2 years ending with the member’s death–

(i)

the person and the member were living together in an exclusive relationship as if they were husband and wife or civil partners;

(ii)

the person and the member were not prevented from marrying or forming a civil partnership; and

(iii)

the person was financially dependent on the member or the person and the member were financially interdependent.

(2)

A declaration for the purposes of paragraph (1)(a) ceases to have effect if–

(a)

it is revoked by the member or other person by a signed notice in writing to the Scottish Ministers in such form as the Scottish Ministers may require or is willing to accept;

(b)

the member makes a further declaration for the purpose of paragraph (1)(a); or

(c)

the person or the member marries or forms a civil partnership.