SCHEDULE 1MEANING OF “SUBSTANTIAL AND EXCLUSIVE RELATIONSHIP”

Article 2(1)

PART 1SUBSTANTIAL RELATIONSHIP

1

In deciding whether a relationship of a deceased member (“the deceased”) and the claimant is a substantial relationship, the Secretary of State is to have regard to—

a

any evidence which the claimant considers demonstrates that the relationship is substantial; and

b

must in particular have regard to the examples of the evidence specified in paragraph 2 which could, either alone or together, indicate that the relationship is substantial.

2

The evidence referred to in paragraph 1(b) is—

a

evidence of regular financial support of the claimant by the deceased;

b

evidence of a valid will or life insurance policy, valid at the time of the deceased’s death, in which—

i

the deceased nominates the claimant as principal beneficiary or co-beneficiary with children; or

ii

the claimant nominates the deceased as the principal beneficiary;

c

evidence indicating that the deceased and the claimant were purchasing accommodation as joint owners or evidence of joint ownership of other valuable property, such as a car or land;

d

evidence of a joint savings plan or joint investments of a substantial nature;

e

evidence that the deceased and the claimant operated a joint account for which they were co-signatories;

f

evidence of joint financial arrangements such as joint repayment of a loan or payment of each other’s debts;

g

evidence that the deceased or the claimant had given the other a power of attorney;

h

evidence that the names of both the deceased and the claimant appeared on a lease or rental agreement, if they lived in rented accommodation;

i

evidence that the deceased and the claimant shared responsibility for children;

j

evidence of the length of the relationship.

PART 2EXCLUSIVE RELATIONSHIP

3

A relationship is not an exclusive relationship if—

a

one or both of the parties to the relationship is married to, or is the civil partner of, someone other than the other party to the relationship; or

b

one or both of the parties is a party to another relationship which is, or could be considered to be, a substantial and exclusive relationship having regard to the provisions of this Schedule.