96Determination of surviving partner of PRBF member

96 Determination of surviving partner of PRBF member

(1)  If the Commission is satisfied that, at the time of a PRBF member's death –

(a) a person –

(i) was the spouse of the PRBF member who was living with the PRBF member on a genuine domestic basis; and

(ii) was receiving significant financial support from the PRBF member; or

(b) if there is no person referred to in paragraph (a) , a person was the spouse of the PRBF member and was living with the PRBF member on a genuine domestic basis; or

(c) if there is no person referred to in paragraph (a) or (b) , a person was the spouse of the PRBF member who was not living with the PRBF member on a genuine domestic basis but was receiving significant financial support from the PRBF member –

the Commission must determine that person to be the surviving partner of the PRBF member.

(2)  The Commission must not determine more than one person to be the surviving partner of a PRBF member.

(3)  In determining whether a person is the surviving partner of a PRBF member, the Commission may have regard to such matters as the Commission considers relevant.