Pneumoconiosis etc. (Workers' Compensation) Act 1979

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 who was residing with him or was receiving or entitled to receive from him periodical payments for her maintenance, that spouse;

(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;

(c) if neither of the preceding paragraphs applies but he left a reputed spouse who was residing with him, that reputed spouse;

(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.

(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.

(5) In the application of subsection (1) above to Scotland, for paragraph (c) there shall be substituted the following paragraph—

“(c) if neither of the preceding paragraphs applies but he left a person residing with him who, but for some impediment to marriage, would be entitled to obtain a declarator of marriage with him by cohabitation with habit and repute, that person;”.