# The Financial Assistance Scheme Regulations 2005, Regulation 16B: Surviving dependants


(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).

---
Source: https://www.legislation.gov.uk/uksi/2005/1986/regulation/16B (the official version)
Page: https://openlegislation.uk/financial-assistance-scheme-regulations-2005/regulation-16B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.