(1) Where, in respect of a member referred to in section 81L(1)(c), a person referred to in section 81L(1)(c)(i) -
(a) married that member in the State within the period referred to in section 81L(1)(iii) or whose marriage to that member was recognised in the State within the period specified in section 81L(1)(iv), or
(b) entered into a civil partnership registration with that member within the period referred to in section 81L(1)(i) or whose relationship with that member is recognised as a civil partnership in the State pursuant to an order referred to, and made within the period specified, in section 81L(1)(ii),
has not received the benefits referred to in section 81L(1)(a) due to him or her, the person (in this section ‘applicant’) may apply to the Circuit Court for an order under subsection (3).
(2) An application under subsection (1) shall be made within 12 months of -
(a) the death of the member, or
(b) where the member died on or before the coming into operation of this Part
…