The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2001

Amendment of Schedule 4

25.  In Schedule 4 (glossary of expressions)—

(a) for item 15 (definition of “adopted”) substitute—

“15

“adopted”

adopted within the meaning in Part IV of the Adoption Act 1976(1) or, in Scotland, section 38 of the Adoption (Scotland) Act 1978 (2) and “adoption” shall be construed accordingly”

(b) for item 19 (definition of “child”) substitute—

“19

“child”

in relation to a member of the armed forces, a child with respect to whom the member— (a) is in law the mother or father of the child, including by adoption; (b) is the child’s step parent; or (c) is the child’s foster parent within the meaning in the Children Act 1989(3) or, in Scotland, the Foster Children (Scotland) Act 1984;(4) and in each case the member— (i) is regularly maintaining him or contributing to his maintenance or could reasonably be expected to do so; (ii) where the member has died, was regularly maintaining him or contributing to his maintenance up to the date of his death or could reasonably have been expected to do so; or (iii) where the child was unborn at the date of the member’s death, would have so maintained him or contributed to his maintenance.”; and

(c) for item 50 (definition of “student”) substitute—

“50

“student”

a person who is aged less than 19 and attending a full-time course of education at a school, university or college, or any other educational establishment recognised by the Secretary of State as being of comparable status, and for the purpose of this Order a person may continue to be a student for a period of up to 13 weeks after he ceases to attend such a course and before he reaches the age of 19 as the Secretary of State may in any particular case determine.”.

(1)

1976 c. 36.

(2)

1978 c. 28.

(3)

1989 c. 41.

(4)

1984 c. 56.