The Social Security (General Benefit) Regulations 1982

Provisions as to maintenance for purposes of death benefit

37.—(1) For the purposes of the provisions of Chapters IV and V of Part II of the Act which relate to death benefit, a deceased person shall not, subject to the provisions of the next succeeding paragraph, be deemed to have been, at his death, or for any period before his death—

(a) wholly maintaining another person unless he normally contributed the whole of the actual cost of that other person's maintenance;

(b) mainly maintaining another person unless he normally contributed more than half the actual cost of that other person's maintenance;

(c) to a substantial extent maintaining another person unless he normally contributed not less than an average weekly amount of 25 pence towards the cost of that person's maintenance.

(2) In the case of a posthumous son or daughter of the deceased, such son or daughter shall be deemed to have been wholly maintained by the deceased at his death if the condition specified in regulation 27(a) is satisfied in his case.

(3) Where—

(a) a person was partly maintained by each of two or more employed earners of whom the first-mentioned person was a parent within the meaning of section 71 or a relative prescribed for the purposes of section 72, as the case may be; and

(b) the employed earners have died as the results of accidents arising out of and in the course of their employed earner's employment;

the parent or relative may by notice in writing designate one of those employed earners as shall thereafter be treated as having received from the person so designated contributions to his maintenance equal to the aggregate amount which the said employed earners were together contributing before the accidents happened, and as having received nothing from the others.