Regulation 16B Surviving dependantsF1

(1)

Subject to paragraph (2), a child of the family of a qualifying member is a surviving dependant of that qualifying member for the purposes of these Regulations where—

(a)

the child was financially dependent on the member and is aged—

(i)

less than 18; or

(ii)

less than 23 and is—

(aa)

attending a qualifying course; or

(bb)

incapable of engaging in full time paid employment due to having a disability within the meaning of the Disability Discrimination Act 1995; and

(b)

the scheme manager is provided with—

(i)

in the case of a natural child or unborn child, a birth certificate demonstrating that the child was the natural child of the member;

(ii)

in the case of an adopted child, the adoption certificate demonstrating that the child was the adopted child of the member;

(iii)

in the case of any other child in respect of whom sub-paragraph (a) is satisfied, evidence demonstrating to the satisfaction of the scheme manager that the child was a dependent child of the member immediately before the qualifying member’s death.

(2)

Where a person is regarded as a qualifying member by virtue of regulation 15(5) that person is not a surviving dependant of the former member referred to in regulation 15(5)(b).

Annotations

Textual amendments

F1: Reg. 16A - Reg. 16B inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 11 (with reg. 37)