(1) For the purposes of this Act, and subject to subsections (2) to (4), a person shall be a qualified cohabitant if -

(a) the person is one of 2 adults (whether of the same or the opposite sex) who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other and who have been living together in an intimate and committed relationship as a couple -

(i) for a period of 2 years or more, in a case where there are one or more children of the relationship, and

(ii) for a period of 5 years or more, in any other case,

or

(b) the person -

(i) is a person referred to in paragraph (a) on the date of death of his or her deceased partner, or

(ii) is a person referred to in paragraph (a) whose relationship ended not more than 2 years before the date of death of his or her deceased partner.

(2) For the purpose of this Act -

(a) 2 adults are within a prohibited degree of relationship if they would be prohibited from marrying each other in the State, or they are in a relationship referred to in the Third Schedule to the Civil Registration Act 2004,