http://www.legislation.gov.uk/ssi/2021/102/part/6/madeThe National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021enKing's Printer for Scotland2021-02-23NATIONAL HEALTH SERVICE These Regulations amend the National Health Service Pension Scheme (Scotland) Regulations 2011 (“the 2011 Regulations”), the National Health Service Pension Scheme (2008 Section) (Scotland) Regulations 2013 (“the 2013 Regulations”), the National Health Service Pension Scheme (Scotland) Regulations 2015 (“the 2015 Regulations”), the National Health Service Pension Scheme (Scotland) (Additional Voluntary Contributions) Regulations 2018 (“the AVC Regulations”), the National Health Service (Scotland) (Injury Benefits) Regulations 1998 (“the Injury Benefits Regulations”) and the National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 (“the Transitional Regulations”). PART 6 55 The National Health Service (Scotland) (Injury Benefits) Regulations 1998 are amended in accordance with regulations 56 to 61. 56 1 Regulation 2 (interpretation) is amended as follows. 2 At the appropriate places in the alphabetical order insert— “scheme partner” has the meaning given in regulation 2C; , “surviving scheme partner” has the meaning given in regulation 2D; . 3 In the definition of “surviving partner” for “nominated partner” substitute “scheme partner”. 57 After regulation 2B (civil partnerships and marriage of same sex couples) insert— 2C 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. 2D 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. . 58 In regulation 7 (surviving partner allowances), for paragraph (3) substitute— 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). . 59 In regulation 8 (child’s allowance), in paragraph (2)(c), for “nominated partner” substitute “surviving scheme partner”. 60 In regulation 9 (dependent relative’s allowance), in paragraph (1)(a),for “nominated partner’s” substitute “surviving scheme partner’s”. 61 In regulation 11 (lump sum payment on death), in paragraph (1)(b), for “nominated partner” substitute “surviving scheme partner”. S.I. 1998/1594. Relevant amending instruments are S.S.I. 1999/444, S.S.I. 1999/195, S.S.I. 2001/437, S.S.I. 2004/212, S.S.I. 2005/445, S.S.I. 2005/512, S.S.I. 2005/544, S.S.I. 2005/2011, S.S.I. 2008/92, S.S.I. 2008/225, S.S.I. 2009/19, S.S.I. 2009/208, S.S.I. 2010/22, S.S.I. 2010/369, S.S.I. 2011/211, S.S.I. 2011/364, S.S.I. 2012/163, S.S.I. 2013/52, S.S.I. 2013/109, S.S.I. 2014/93, S.S.I. 2014/154, S.S.I. 2015/96 and S.S.I. 2017/27. The definition of “surviving partner” was inserted by S.S.I. 2008/225. Regulation 2C was inserted by S.S.I. 2015/96. Paragraph (3) was last substituted by S.S.I. 2008/225. The expression “nominated partner” was inserted by S.S.I. 2008/225. The expression “nominated partner’s” was inserted by S.S.I. 2008/225. The expression “nominated partner’s” was inserted by S.S.I. 2008/225.