Regulation 2.E.9 Meaning of “dependent child”

England and Wales

(1)

In this Part “dependent child”, in relation to a deceased member or recent leaver, means a person who—

(a)

meets the relationship condition (see paragraph (2)),

(b)

either—

(i)

has not reached the age of 23, or

(ii)

in the opinion of the scheme administrator was financially dependent on the deceased at the date of death because of physical or mental impairment and remains so,

(c)

was born—

(i)

F1before the deceased ceased to be an active member, or

(ii)

within one year after the deceased ceased to be an active member,

(d)

in the case of a person within sub-paragraph (c)(i), was dependent on the deceased—

(i)

at the date of death, and

(ii)

if the deceased died after ceasing to be an active member, when the deceased ceased to be an active member, and

(e)

in the case of a person within sub-paragraph (c)(ii)—

(i)

was dependent on the deceased both at birth and at the deceased’s death, or

(ii)

if the person was born after the deceased’s death, would have been dependent on the deceased had the deceased not died before the person’s birth.

(2)

A person meets the relationship condition if the person is—

(a)

a natural child or natural grandchild of the deceased,

(b)

an adopted child of the deceased who was adopted whilst the deceased was an active member,

(c)

a step-child of the deceased whose natural or adoptive parent is the deceased’s surviving spouse or civil partner from a marriage entered into, or a civil partnership formed, whilst the deceased was an active member,

(d)

in a case where the deceased left a surviving F2scheme partner with whom the deceased was living as mentioned in F3regulation 2.E.2(a) and (b) when the deceased ceased to be an active member, a person whose natural or adoptive parent is the deceased’s surviving scheme partner,

(e)

a brother or sister, or a child of a brother or sister, of the member or the member’s spouse or civil partner or F4scheme partner,

(f)

a half-brother or half-sister, or a child of a half-brother or half-sister, of the member or the member’s spouse or civil partner or F5scheme partner,

(g)

a person whom, in the opinion of the scheme administrator, the deceased intended when the deceased ceased to be an active member to adopt, or

(h)

a person who had been dependent on the deceased for 2 years or (if less) half the person’s life when the deceased ceased to be an active member.

Annotations

Textual amendments

F1: Words in reg. 2.E.9(1)(c)(i) substituted (with effect from 1.4.2008) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2011 (S.I. 2011/2586), regs. 1(2)(3), 18
F2: Words in reg. 2.E.9(2)(d) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 54(a)(ii) (with reg. 108)
F3: Words in reg. 2.E.9(2)(d) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 54(a)(i) (with reg. 108)
F4: Words in reg. 2.E.9(2)(e) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 54(b) (with reg. 108)
F5: Words in reg. 2.E.9(2)(f) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 54(c) (with reg. 108)