97Determination of surviving partner of PSF member

97 Determination of surviving partner of PSF member

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

(a) a person –

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

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

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

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

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

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