The Financial Assistance Scheme Regulations 2005

[F1 Surviving dependants U.K.

16B.— (1) Subject to paragraph (2), a child of the family of a qualifying member is a surviving dependant of that qualifying member for the purposes of these Regulations where—

(a) the child was financially dependent on the member and is aged—

(i) less than 18; or

(ii) less than 23 and is—

(aa) attending a qualifying course; or

(bb) incapable of engaging in full time paid employment due to having a disability within the meaning of the Disability Discrimination Act 1995; and

(b) the scheme manager is provided with—

(i) in the case of a natural child or unborn child, a birth certificate demonstrating that the child was the natural child of the member;

(ii) in the case of an adopted child, the adoption certificate demonstrating that the child was the adopted child of the member;

(iii) in the case of any other child in respect of whom sub-paragraph (a) is satisfied, evidence demonstrating to the satisfaction of the scheme manager that the child was a dependent child of the member immediately before the qualifying member’s death.

(2) Where a person is regarded as a qualifying member by virtue of regulation 15(5) that person is not a surviving dependant of the former member referred to in regulation 15(5)(b).]

Textual Amendments

F1 Reg. 16A - Reg. 16B inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 11 (with reg. 37)