Rates and conditions for benefit

(1) Regulations shall provide for– (a) the rates or amounts of benefits the variation of benefit such rates or amounts in different or special circumstances; (b) the conditions subject to which and the periods for which a benefit may be granted; (c) the circumstances in which entitlement to a benefit may cease; or (d) the date as from which a benefit is provided. (2) Regulations made under sub-section (1) may include provision, that22 (a) where it is a condition of entitlement to a benefit that a person is the spouse or surviving spouse of an insured person– (i) an insured person may at any time after the appointed day, apply to the for registration of the particulars of the beneficiary the relevant provisions of this Act; (ii) in the case of an insured man the beneficiary has to be a woman with whom he lives or lived as her husband; (iii) in the case of an insured woman, the beneficiary has to be a man with whom she lives or lived as his wife; or (iv) notwithstanding the fact that a valid marriage subsists between an insured person and another woman or man, as the case may be, registration under this section of a person as a beneficiary shall automatically exclude all other persons from being beneficiaries; and the reference to “husband” or “wife” shall be construed as referring to such registered beneficiary only, Provided that in the case where a legal marriage subsists on the date of an application under this paragraph, the insured person making the application shall show to the satisfaction of the Chief Executive Officer that he is not legally obliged to maintain the spouse of such marriage– (v) of a as a beneficiary under this section may be cancelled at the request in writing of 23 the insured person subject to such conditions and in such circumstances as may be prescribed; (b) where no registration of a person as a beneficiary has been made and there is no legal spouse whom the insured was legally obliged to maintain at the date of his death the Chief Executive Officer may if he is satisfied that in all the circumstances she (or he) ought to be so treated, treat a single woman or widow who was living with a single man or widower at the time of his death as if she were in law his widow (or a single man or widower who was living with a single woman or widow at the time of her death as if he were in law her widower); (c) where the question of marriage or re-marriage or the date of marriage or re-marriage arises in regard to any entitlement to a benefit the Chief Executive Officer shall in the absence of the subsistence of a lawful marriage decide whether or not the persons concerned should be treated as if they were married or had re- married as the case may be, and if so from what date; and in determining the question the Chief Executive Officer shall have regard to paragraphs (a) and (b); (d) registration under paragraph (a) or the determination of the Chief Executive Officer under paragraph (b) or (c) shall, unless the context otherwise requires, have the effect of extending, as regards entitlement to a benefit, the meaning of the word “marriage” to include the association of a woman with a man as mentioned in paragraphs (a), (b) and (c); and the words “wife”, “husband”, “widow”, 24 “widower”, and “spouse” shall be construed accordingly.