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Article 3 Definition of “eligible adult dependant”I1

United Kingdom

(1)

A person is an eligible adult dependant if they are the spouse, civil partner or eligible partner of a member of the armed forces, or, where a member of the armed forces has died, they are the surviving spouse, surviving civil partner or surviving eligible partner of the deceased and in this paragraph “eligible partner” and “surviving eligible partner” have the meaning set out in paragraphs (2) and (3).

F1(2)

A person is an eligible partner of a member of the armed forces if the Secretary of State is satisfied that—

(a)

the person and the member are cohabiting as partners in an exclusive and substantial relationship;

(b)

the person and the member are not prevented from marrying or entering into a civil partnership; and

(c)

either the person is financially dependent on the member or the person and the member are financially interdependent.

(3)

A person is a surviving eligible partner of a member of the armed forces if the Secretary of State is satisfied that at the date of the member’s death—

(a)

the person and the member were cohabiting as partners in an exclusive and substantial relationship;

(b)

the person and the member were not prevented from marrying or entering into a civil partnership; and

(c)

either the person was financially dependent on the member or the person and the member were financially interdependent.

Annotations

Textual amendments

F1

Art. 3(2)(3) substituted (1.4.2016) by The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) (Amendment) Order 2016 (S.I. 2016/310), arts. 1, 4

Commencement

I1

Art. 3 in force at 2.9.2012, see art. 1