Regulation 3 Relevant family members

A person is a “relevant family member” for the purposes of section 340IA of the 2006 Act^f1 where, in relation to a person subject to service law (A), the person is any of the following—

In this regulation—

• “child” means a person (C) who meets one or more of the following conditions in relation to another person (P)—

  1. (a)

     P is the parent or step-parent of C;

  2. (b)

     P has, or would have if domiciled in England and Wales, parental responsibility for C within the meaning of section 3 of the Children Act 1989^f2;

  3. (c)

     P had, or would have had if domiciled in England and Wales, parental responsibility for C within the meaning of section 3 of the Children Act 1989;

  4. (d)

     C, while under the age of 18 years, is or was—

     1. (i)

        wholly or mainly financially dependent on P, or

     2. (ii)

        someone for whom P has or had assumed regular and substantial caring responsibilities.

• “relative” in relation to A or A’s spouse or civil partner, means any of the following—

  1. (a)

     a parent or step-parent of A’s spouse or civil partner;

  2. (b)

     a grandparent, step-grandparent, great-grandparent, step-great-grandparent, grandchild, step-grandchild, great-grandchild or step-great-grandchild of A or of A’s spouse or civil partner;

  3. (c)

     the brother, sister, step-brother or step-sister of A’s spouse or civil partner;

  4. (d)

     the uncle, great-uncle, aunt, great-aunt, niece, great-niece, nephew, great-nephew or first cousin (including by marriage or civil partnership) of A or of A’s spouse or civil partner.

For the purposes of this Regulation, references to A’s spouse or civil partner includes—

For the purposes of paragraph (1)(e), references to a person being a member of A’s household includes references to a person who would be living in the same household as A but for the fact that A is temporarily living at another address for service reasons.