(1)  Except as provided in subregulations (2) and (3) , where a benefit is payable under these regulations on the death of an RBF member, that benefit is to be paid to –

(a) the surviving partner of that RBF member; or

(b) if there is no surviving partner, the person with whom the RBF member was in a caring relationship which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 , which deed was revoked by the death of that RBF member; or

(c) if there is no person referred to in paragraph (a) or (b) , the estate of that RBF member, subject to the production of grant of probate or letters of administration.

(2)  An RBF member may, by notice in writing to the Board –

(a) elect that in the event of his or her death all or part of the benefit payable on his or her death is to be paid to his or her estate; or

(b) revoke any such election –

and, where the election is in force, subregulation (1) does not apply to any part of the benefit that is subject to the election.

(3)  Subregulation (1) does not apply where an RBF member has elected in writing to the Board before the commencement of the Relationships Act 2003 to have all or part of a death benefit paid to his or her estate.

(4)  If a benefit that does not exceed $50 000 becomes payable under these regulations following the death of an RBF member and within 3 months after the death the Board has not received –

(a) a certified copy of the probate of the will, or the letters of administration of the estate, of the deceased RBF member; or

(b) a notice of intention to apply for a grant of probate of the will, or letters of administration of the estate, of the deceased RBF member –

the Board may make a payment of the benefit to a person or persons who appear to be entitled to the benefit in the testate or intestate administration of the estate of the RBF member, as the case may require.

(5)  Where the Board, after making reasonable enquiries, is unable to determine a person entitled to that benefit in the testate or intestate administration of the estate of the RBF member, the Board may pay that benefit to any person the Board considers appropriate.