Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979

Meaning of “dependant” N.I.

5.—(1) In Article 4 “dependant” means—

(a) if the deceased left a spouse[F1 or a civil partner] who was residing with him or who was receiving or was entitled to receive from him periodical payments for the maintenance of that spouse[F1 or that civil partner], that spouse[F1 or that civil partner];

(b) if sub-paragraph ( a) does not apply but the deceased left a child or children falling within paragraph (2), that child or those children;

[F2 (c) if neither sub-paragraph (a) nor sub-paragraph (b) applies but the deceased 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 sub-paragraphs applies, any relative or relatives of the deceased who fall within paragraph (2) and who were, in the opinion of the Department, wholly or mainly dependent on the deceased at the date of his death.

(2) A person falls within this paragraph if, at the date of the deceased's death or at[F3 the relevant commencement date], whichever is the later, 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.

[F4 (2A) For the purposes of paragraph (1)(c), two persons are in a qualifying relationship if they are living together as if spouses of each other.]

(3) In this Article—

• “adopted” means adopted in pursuance of an adoption order made in any part of the United Kingdom, the Isle of Man or any of the Channel Islands or, subject to sections 5 and 6 of the Adoption (Hague Convention) Act (Northern Ireland) 1969 [1969 c.22] , a foreign adoption as defined by section 4(3) of that Act;

• “child” includes posthumous child;

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

• [F3 “relevant commencement date” means in the case of pneumoconiosis, byssinosis or diffuse mesothelioma, 3rd September 1979 or in the case of a disease specified by order under Article 3(1)(d), the date of the commencement of that order;]

• and for the purposes of this Article a relationship shall be established as if any adopted, illegitimate or step child of a person had been a child born to him in wedlock[F1 or in the course of a civil partnership].

F1 SR 2005/479

F2 Art. 5(1)(c) substituted (29.6.2007) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 53(1), 60(1)(2)(a)

F3 1985 NI 16

F4 Art. 5(2A) substituted for art. 5(2A)(2B) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 62 (with regs. 6-9)