38. In regulation 7 (widow’s or widower’s allowance)–
(a)in the heading to the regulation, for “Widow’s or widower’s allowance” substitute “Widow's, widower’s or surviving civil partner’s allowance”;
(b)in paragraphs (1) and (2), for “widow or widower” in each place where it occurs, substitute “widow, widower or surviving civil partner”; and
(c)for paragraph (3) substitute–
“(3) A widow, widower or surviving civil partner shall not be entitled to receive an allowance–
(a)if the marriage took place or the civil partnership was formed after–
(i)the deceased last ceased to be employed as a person to whom these Regulations apply; or
(ii)after the date on which his or her earning ability was permanently reduced as a result of the injury or disease,
whichever is the later;
(b)if at the date of the deceased’s death such widow, widower or surviving civil partner and a man or, as the case may be, a woman to whom he or she is not married or with whom he or she is not in a civil partnership are living together as husband and wife or as civil partners; or
(c)in respect of any period after such widow, widower or surviving civil partner–
(i)remarries or forms a civil partnership; or
(ii)starts to live together with another person as if she or he were married to or in a civil partnership with that other person,
so, however, that where such subsequent marriage or civil partnership has terminated, the Scottish Ministers may restore an allowance to a widow, widower or surviving civil partner if they are satisfied that such widow, widower or surviving civil partner is suffering hardship.
(3A) Paragraph (3) shall not apply where the person mentioned in regulation 6 dies before 5th December 2005.
(3B) For the purposes of this regulation, two people of the same sex are to be regarded as living together as if they were civil partners if they would be regarded as living together as husband and wife if they were not of the same sex.”.