The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

Article 2(1)

SCHEDULE 1 MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

PART 1 SUBSTANTIAL RELATIONSHIP

1.  In deciding whether a relationship of a deceased member (“the deceased”) and the claimant is a substantial relationship, the Secretary of State is to have regard to—

(a) any evidence which the claimant considers demonstrates that the relationship is substantial; and

(b) must in particular have regard to the examples of the evidence specified in paragraph 2 which could, either alone or together, indicate that the relationship is substantial.

2.  The evidence referred to in paragraph 1(b) is—

(a) evidence of regular financial support of the claimant by the deceased;

(b) evidence of a valid will or life insurance policy, valid at the time of the deceased’s death, in which—

(i) the deceased nominates the claimant as principal beneficiary or co-beneficiary with children; or

(ii) the claimant nominates the deceased as the principal beneficiary;

(c) evidence indicating that the deceased and the claimant were purchasing accommodation as joint owners or evidence of joint ownership of other valuable property, such as a car or land;

(d) evidence of a joint savings plan or joint investments of a substantial nature;

(e) evidence that the deceased and the claimant operated a joint account for which they were co-signatories;

(f) evidence of joint financial arrangements such as joint repayment of a loan or payment of each other’s debts;

(g) evidence that the deceased or the claimant had given the other a power of attorney;

(h) evidence that the names of both the deceased and the claimant appeared on a lease or rental agreement, if they lived in rented accommodation;

(i) evidence that the deceased and the claimant shared responsibility for children;

(j) evidence of the length of the relationship.

PART 2 EXCLUSIVE RELATIONSHIP

3.  A relationship is not an exclusive relationship if—

(a) one or both of the parties to the relationship is married to, or is the civil partner of, someone other than the other party to the relationship; or

(b) one or both of the parties is a party to another relationship which is, or could be considered to be, a substantial and exclusive relationship having regard to the provisions of this Schedule.