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10. In rule C8 (limitation where spouses living apart)(1)—
(a)in paragraph (1), after “spouse”, insert “or civil partner”;
(b)for paragraph (2), substitute—
“(2) Except where paragraph (3) applies, a surviving spouse or civil partner who, but for paragraph (1), would be entitled to an award under rule C1, C2, C3 or C4, is entitled instead to a requisite benefit pension calculated—
(a)in the case of a surviving spouse, in accordance with Part V of Schedule 3; and
(b)in the case of a surviving civil partner, in accordance with that Part subject to the substitution, in paragraphs 1 and 3, of “5th April 1988” for “5th April 1978”.”;
(c)in paragraph (3), after “spouse” (in both places), insert “or civil partner”;
(d)in paragraph (4)—
(i)in sub-paragraph (a), after “spouse”, insert “or civil partner”; and
(ii)for sub-paragraph (b), substitute “(b) to the spouse or civil partner for the support of a child of the spouse or civil partner”; and
(e)in paragraph (7), after “spouse”, insert “or civil partner”.
Rule C8(7) was amended, as to England, by S.I. 2005/2980, Sch, para.26 and, as to Scotland, by S.S.I. 2005/566, para 26.
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