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The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

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Meaning of “dependent child”
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2.E.9.—(1) In this Part “dependent child”, in relation to a deceased member or recent leaver, means a person who—

(a)meets the relationship condition in paragraph (2);

(b)either—

(i)has not reached age 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 infirmity and remains so;

(c)was born—

(i)before 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 nominated partner with whom the deceased was living as mentioned in regulation 2.E.2(1)(b)(i) (meaning of “surviving nominated partner”) when the deceased ceased to be an active member, a person whose natural or adoptive parent is the deceased’s surviving nominated 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 nominated 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 nominated 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 at least two years or (if less) at least half the person’s life when the deceased ceased to be an active member.

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