202.—(1) In this Part “dependent child”, in relation to a deceased member or recent leaver, means a person who—
(a)meets the relationship condition in paragraph (2),
(b)either—
(i)has not reached the age of 23, or
(ii)in the opinion of the Scheme administrator was financially dependent on the deceased at the date of death because of physical or mental impairment and remains so,
(c)was born—
(i)[F1before the deceased ceased to be 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 dependent 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 [F2scheme partner] with whom the deceased was living as mentioned in [F3regulation 195(a) and (b)] when the deceased ceased to be an active member, a person whose natural or adoptive parent is the deceased's surviving [F2scheme 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 [F4scheme 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 [F5scheme 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 dependent on the deceased for 2 years or (if less) half the person's life when the deceased ceased to be an active member.
Textual Amendments
F1Words in reg. 202(1)(c)(i) substituted (1.4.2012) by The Health and Personal Social Services (Superannuation Scheme, Injury Benefits and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/42), regs. 1(3), 26
F2Words in reg. 202(2)(d) substituted (16.8.2022) by The Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/196), regs. 1(2), 51(a)(ii)
F3Words in reg. 202(2)(d) substituted (16.8.2022) by The Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/196), regs. 1(2), 51(a)(i)