Registration of beneficiary and meaning of “husband” and “wife” and “marriage”

(1) For the purpose of title to survivors’ benefit or death benefit under these Regulations of a person as the widow or widower of an insured person, such insured person, at any time after the appointed day, may apply to the Manager for registration of the particulars of the beneficiary for such benefit subject to the provisions of paragraphs (2) and (3). (2) For the purpose of registration under paragraph (1)Social Security 105 (a) in the case of an application made by an insured man, the beneficiary has to be a woman with whom he lives as her husband; (b) in the case of an application made by an insured woman, the beneficiary has to be a man with whom she lives as his wife. (3) Notwithstanding the fact that a valid marriage subsists between the insured person applying for registration and another woman or man, as the case may be, registration under this Regulation 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 Regulation, the insured person making the application shall show to the satisfaction of the Manager that he is not legally obliged to maintain the spouse of such marriage. (4) Registration made under this Regulation may be cancelled at the request in writing of the insured person. (5) Where before the death of an insured person no registration was made under paragraph (1) and no satisfactory evidence is produced to the Manager that there is a legal spouse whom the deceased insured person was legally obliged to maintain at the date of his death, the Manager may 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). (6) Where the question of marriage or remarriage or the date of marriage or remarriage arises in regard to entitlement to benefit the Manager shall, in the absence of subsistence of 106 Social Security a lawful marriage, decide whether or not the persons concerned should be treated as if they were married or had remarried, as the case may be, and if so from what date; and in determining the question the Manager shall have regard to the provisions of paragraphs (2) and (3) of this Regulation. (7) Registration under paragraph (2) or the determination of the Manager under paragraph (5) or (6) shall 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 aforesaid and the words ‘wife’, ‘husband’, ‘widow’, ‘widower’ and ‘spouse’ shall be construed accordingly.