Relevant family members3

1

A person is prescribed as a relevant family member for the purposes of section 343B of the Act where, in relation to a service member or former service member (A), the person is any of the following—

a

A’s spouse or civil partner;

b

a child of A or of A’s spouse or civil partner;

c

a relative of A or of A’s spouse or civil partner where the relative is one of the following—

i

a member of A’s household;

ii

wholly or mainly financially dependent on A or A’s spouse or civil partner; or

iii

someone for whom A or A’s spouse or civil partner has assumed regular and substantial caring responsibilities;

d

where A is deceased, anyone who was a relevant family member of A under sub-paragraphs (a) to (c) immediately before A’s death.

2

In this regulation—

  • “child” means a person under the age of 18 years;

  • “relative” in relation to A or A’s spouse or civil partner, means—

    1. a

      a parent, step-parent, son, daughter, stepson, stepdaughter, grandparent, step-grandparent, great-grandparent, step-great-grandparent, grandchild, step-grandchild, great-grandchild or step-great-grandchild of A or of A’s spouse or civil partner;

    2. b

      the brother, sister, uncle, great-uncle, aunt, great-aunt, niece, great-niece, nephew, great-nephew or first cousin (whether of the full blood or of the half blood or by marriage or civil partnership) of A or of A’s spouse or civil partner; or

    3. c

      any person who (no longer being a child) was the responsibility of A or A’s spouse or civil partner when they were a child.

3

For the purposes of this regulation, references to A’s spouse or civil partner includes—

a

a person whose relationship with A is akin to a relationship between spouses or civil partners;

b

a former spouse or civil partner or a person whose relationship with A was formerly akin to a relationship between spouses or civil partners.

4

For the purposes of this regulation, a person is a child of a person (P) if—

a

P is the parent of the person; or

b

the person is the responsibility of P.

5

For the purposes of paragraph (1)(c), references to a person being a member of A’s household includes references to a person who would be living in the same household as A but for the fact that A is temporarily living at another address for service reasons.

6

For the purposes of paragraphs (2)(c) and (4)(b), a child is the responsibility of A or A’s spouse or civil partner where—

a

A or A’s spouse or civil partner has parental responsibility for the child within the meaning of section 3 of the Children Act 19892; or

b

the child is someone who otherwise meets the criteria in paragraphs (1)(c)(ii) and (iii).