The National Health Service Pension Scheme (Scotland) Regulations 2008

Meaning of “dependent child”

3.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 (see paragraph (2));

(b) either–

(i) has not reached the age of 23; or

(ii) in the opinion of the scheme administrator was financially dependant on the deceased at the date of death because of physical or mental infirmity and remains so;

(c) was born–

(i) whilst the deceased was 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 dependant 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 3.E.2(1)(b)(i) 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 dependant on the deceased for 2 years or (if less) half the person’s life when the deceased ceased to be an active member.