PART 6Amendments to the National Health Service (Scotland) (Injury Benefits) Regulations 1998
General55.
Amendment of regulation 256.
(1)
Regulation 2 (interpretation) is amended as follows.
(2)
““scheme partner” has the meaning given in regulation 2C;”,
““surviving scheme partner” has the meaning given in regulation 2D;”.
(3)
New regulations 2C and 2D57.
“Meaning of scheme partner2C.
A person (“person B”) is the “scheme partner” of a person to whom these regulations apply (“person A”) if—
(a)
person A and person B are living together as if they were husband and wife or civil partners,
(b)
person A and person B are not prevented from marrying or entering into a civil partnership,
(c)
person A and person B are financially interdependent or person B is financially dependent on person A, and
(d)
neither person A nor person B is living with a third person as if they were husband and wife or civil partners.
Meaning of surviving scheme partner2D.
A person (“person B”) is a “surviving scheme partner” of a person to whom these regulations apply (“person A”) if the Scottish Ministers are satisfied that for a continuous period of at least two years, ending with person A’s death, person B was the scheme partner of person A.”.
Amendment of regulation 758.
“(3)
Except if paragraph (3A) applies, a surviving partner is not entitled to receive an allowance—
(a)
if the marriage took place or the civil partnership was formed after the later of the date on which—
(i)
the deceased last ceased to be employed as person to whom these Regulations apply; or
(ii)
the earning ability of the deceased was permanently reduced as a result of the injury or disease; or
(b)
if the Scottish Ministers are not satisfied that the deceased’s partner was the deceased’s scheme partner for a continuous period of at least two years ending with the later of the dates referred to in (a).”.