Regulation 16 Amendments to Schedule 5

(1)

In Part 1 of Schedule 5—

(a)

for paragraph 2(c) and the “or” following it, substitute—

“(c)
P is living with a person who fulfils the condition in regulation 90(2) (conditions for becoming a surviving qualifying partner), or”;

(b)

for paragraph 3 substitute—

“3.

“Non-qualifying service” means—

(a)
where the qualifying person (P) is —

(i)
a man with a spouse or civil partner,

(ii)
a woman with a civil partner or a female spouse, or

(iii)
a person who has nominated a person under regulation 91 (nomination of surviving nominated beneficiary),

reckonable service which ended before 1st April 1972;

(b)
where P is a woman with a male spouse, reckonable service which ended before 6th April 1988, and

(c)
where P is living with a person who fulfils the condition in regulation 90(2) (conditions for becoming surviving qualifying partner), reckonable service which ended before 1st January 2007,

but, where P would have been a member (as defined in paragraph 1 of Schedule 6 to TPR 1997) if Schedule 6 to the TPR 1997 had been in force at the date of the election, P’s non-qualifying service cannot exceed the maximum period in respect of which P could have made an election under Part 1 of that Schedule.”;

(c)

in paragraph 5—

(i)

after sub-paragraph (a) insert—

“(aa)
where P lives with a person who fulfils the condition in regulation 90(2), on the day on which that person first fulfils that condition,”,

(ii)

in sub-paragraph (b), after “nomination”, in the first place it occurs, insert “under regulation 91”;

(d)

in paragraph 7—

(i)

in sub-paragraph (1)—

(aa)

after “person” insert “(P)”,

(bb)

after “nomination”, in the first place it occurs, insert “under regulation 91”,

(ii)

after sub-paragraph (1) insert—

“(1A)
Where P lives with a person who fulfils the condition in regulation 90(2) on more than one occasion, there is a separate election period in respect of each of those occasions.”;

(e)

in paragraph 9—

(i)

omit the word “and” after sub-paragraph (b) and after that sub-paragraph insert—

“(ba)
where a person fulfils the condition in regulation 90(2) in relation to P, that person, and”,

(ii)

in sub-paragraph (c), after “nomination” insert “under regulation 91”;

(f)

in paragraph 14, for “this paragraph” substitute “this Schedule”.

(2)

In Part 2 of Schedule 5, in paragraph 27, for “surviving nominated partner” substitute “surviving qualifying partner”.