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57(1)“Partner”, in relation to any deceased individual, means—
(a)the individual’s spouse or civil partner, or
(b)where no such person survives the deceased, any individual falling within this rule.
(2)An individual falls within rule 57(1)(b) if—
(a)the deceased nominated the individual as his or her partner by giving notice to the Fund trustees at least 6 months before death, and
(b)the Fund trustees are satisfied—
(i)that the individual and the deceased lived together as if they were husband and wife or, as the case may be, civil partners for the period of 2 years which immediately preceded the deceased’s death,
(ii)that neither the individual nor the deceased lived with any other person in such a relationship (or with a spouse or civil partner) during that period,
(iii)that, during that period—
(A)the individual was financially dependant on the deceased, or
(B)the individual’s financial relationship with the deceased was one of mutual dependence, and
(iv)that the individual and the deceased were not, immediately before the deceased died, prevented by law from either marrying or becoming civil partners.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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