Regulation 94 Meaning of “eligible child”I1

England and Wales

(1)

In these Regulations, , in relation to a deceased member, “child” (“plentyn”)means—

(a)

a natural child, step-child or adopted child of the member; or

(b)

the natural child, step-child or adopted child of the member’s spouse, civil partner or cohabiting partner; or

(c)

any natural child of the member who was born after the member’s death and with whom the child’s mother was pregnant at the date of the member’s death.

(2)

A child of the deceased member is an “eligible child” (“plentyn cymwys”) if—

(a)

the child was at the date of the deceased member’s death financially dependent on the deceased member;

(b)

the child is not married or in a civil partnership; and

(c)

the child satisfies any of the conditions A to C.

(3)

Condition A is that the person is under the age of 18.

(4)

Condition B is that the person is in full-time education or on a course of at least one year’s duration and has not reached the age of 23.

(5)

Condition C is that the person is dependent on the deceased member at the date of the deceased member’s death by reason of permanent incapacity of mind or body.

Annotations

Commencement

I1: Reg. 94 in force at 1.4.2015, see reg. 1(2)