3 Dependants.

(1)

In this Act “dependant”, in relation to a person who, immediately before he died, was disabled by a disease to which this Act applies, means—

(a)

if he left a spouse F1or civil partner who was residing with him or was receiving or entitled to receive from him periodical payments for her maintenance, that spouse F1or civil partner;

(b)

if paragraph (a) above does not apply but he left a child or children who fall within subsection (2) below, that child or those children;

F2(c)

if neither of the preceding paragraphs applies but he left a person who was residing with him and with whom he was in a qualifying relationship, that person;

(d)

if none of the preceding paragraphs applies, any relative or relatives of his who fall within subsection (2) below and who were, in the opinion of the Secretary of State, wholly or mainly dependent on him at the date of his death.

(2)

A person falls within this subsection if, at the relevant date, he was

(a)

under the age of 16;

(b)

under the age of 21 and not gainfully employed full-time; or

(c)

permanently incapable of self-support;

and in this subsection “relevant date” means the date of the deceased’s death or the date of the coming into force of this Act, whichever is the later.

F3(2A)

For the purposes of subsection (1)(c)—

(a)

two persons of the opposite sex are in a qualifying relationship if they are living together as husband and wife;

(b)

two persons of the same sex are in a qualifying relationship if they are living together as if they were civil partners.

F4(2A)

For the purposes of subsection (1)(c) two persons are in a qualifying relationship if they are living together F5as if they were a married couple or civil partners.

F6(2B)

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(3)

Where any payment under this Act falls to be made to two or more persons, the payment shall be made to one of them or divided between some or all of them as the Secretary of State thinks fit.

(4)

In this section—

“child” includes posthumous child;

“relative” means brother, sister, lineal ancestor or lineal descendant;

and for the purposes of this section a relationship shall be established as if any illegitimate child or step child of a person had been a child born to him in wedlock.

F7(5)

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