# The Armed Forces Pension Scheme Order 2005, Paragraph E.2: Other adult dependants' pensions

Extent: E+W+S+N.I.

(1) If an active member, a deferred member or a pensioner member dies leaving a surviving adult dependant and no surviving spouse or civil partner, the Secretary of State may award the surviving adult dependant a pension for life.
(2) Paragraph (1) does not apply if the member is an active member who would not have qualified for a pension under rule D.2 (retirement before reaching pension age) if his service had ceased on the date of death otherwise than by reason of death.
(3) A person is a surviving adult dependant in relation to a member for the purposes of this rule if the person satisfies the Secretary of State that at the time 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—
(i) marrying, or prior to the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force would not have been so prevented apart from both being of the same sex, or
(ii) forming a civil partnership, prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force or would not have been so prevented apart from being of the opposite sex to each other, and
(c) either the person was financially dependent on the member or the person and the member were financially interdependent.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/1/part/E/crossheading/pensions-for-adult-dependants/paragraph/E.2 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-E/crossheading-pensions-for-adult-dependants/paragraph-E.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.