Section 31 Interpretation of references to relatives etc.I1

England Not yet in force

(1)

This section applies for the purposes of this Measure.

(2)

A person is the “surviving partner” of a deceased person if that person is the deceased’s surviving spouse, surviving civil partner or other surviving partner.

(3)

A person is the “other surviving partner” of a deceased person if, immediately before the death, they were not married to, or civil partners of, each other but—

(a)

were living together as if they were, or

(b)

were in a relationship having other characteristics of a marriage or civil partnership.

(4)

“Child”, in relation to a person, includes a step-child of that person and a child of that person’s civil partner or other partner; and for that purpose—

(a)

a reference to a child is not limited to a person aged under 18, and

(b)

a reference to a person’s other partner is to be construed in accordance with subsection (3).

(5)

A person is a “dependant child” of a deceased person if—

(a)

the person is a child of the deceased for whom, immediately before the death, the deceased had a financial or caring responsibility, or

(b)

the deceased had, immediately before the death, parental responsibility for the person.

(6)

“Parental responsibility” has the meaning given in the Children Act 1989.

(7)

A person is a “dependant parent” of a deceased person if—

(a)

the person is a parent of the deceased, and

(b)

the deceased had, immediately before the death, a financial or caring responsibility for the person.

(8)

“Spouse” includes a person married to somebody of the same sex; and a reference to being married is to be construed likewise.

Annotations

Commencement

I1: S. 31 not in force at Royal Assent, see s. 33(3)