SCHEDULES

SCHEDULE 3Family members

PART 1Close family members

I1I71Meaning of “close family member”

1

This Part of this Schedule applies for the purposes of—

a

section 9, and

b

Part 2 of this Schedule,

to determine whether one person (F) is a close family member of another person (D).

2

F is a close family member of D if F—

a

was the spouse, civil partner or co-habitee of D on the day of D’s death,

b

is a child of D,

c

is a parent of D,

d

is a brother or sister of D,

e

is a step-child of D,

f

was a step-parent of D on the day of D’s death or is a step-parent of D on the day on which the request for the relevant review is made,

g

is a half-brother or half-sister of D, or

h

is a step-brother or step-sister of D.

3

Paragraphs 2 to 5 set out the meanings of “co-habitee”, “step-child”, “step-parent”, “step-brother” and “step-sister” for the purposes of this paragraph.

4

In this paragraph “relevant review” means—

a

the review for which a request is made (where this Part of this Schedule applies for the purposes of section 9), or

b

the review to which the final report relates (where this Part of this Schedule applies for the purposes of Part 2 of this Schedule).

I2I82Co-habitee

F was the “co-habitee” of D on the day of D’s death if—

a

on that day F was living in the same household as D in a relationship with D corresponding to marriage or to civil partnership, and

b

F had been doing so for a period of at least two years ending with that day.

I3I93Step-child

F is a “step-child” of D if F is a child of a person—

a

who was the spouse, civil partner or co-habitee of D on the day of D’s death, or

b

who had ceased to be the spouse, civil partner or co-habitee of D on any day within the period of two years ending with the day of D’s death.

I4I104Step-parent

F was, or is, a “step-parent” of D on a particular day if F—

a

was, or is, the spouse, civil partner or co-habitee of a parent of D on that day, or

b

had ceased to be the spouse, civil partner or co-habitee of a parent of D on any day within the period of two years ending with that day.

I5I115Step-brother or step-sister

F is the “step-brother” or “step-sister” of D if F is a child of a person—

a

who was the spouse, civil partner or co-habitee of a parent of D on day of D’s death, or

b

who had ceased to be the spouse, partner or co-habitee of a parent of D on any day within the period of two years ending with the day of D’s death.

I6I126Interpretation

For the purposes of paragraph 3, 4 or 5, one person (A) is, or was, the co-habitee of another person (B) at a particular time if—

a

at that time A is, or was, living in the same household as B in a relationship with B corresponding to marriage or to civil partnership, and

b

A has been, or had been, doing so for a period of at least two years ending with that day.