Document ID: chunk:federal_register_of_legislation:F2008L04706:body:0:p3
Version: federal_register_of_legislation:F2008L04706
Segment Type: other
Provision Reference: 
Character Range: 5434–8505

the Board, wholly or substantially dependent upon the former member; or

                            ­       is born after the death of the former member, and would have, in the opinion of the Board, ordinarily lived with, or been wholly or substantially dependent on, the former member if the child had been born before the death of the former member."

    5.3 The following note is inserted after the definition of eligible child:

"Note  Rule 1.2.6 is relevant for determining if a child is a step-child."

    5.4 Rule 1.2.1 is further amended by replacing the definition of partially dependent child with the following definition:

                        "partially dependent child in relation to a deceased member, a deceased pensioner, a deceased preserved benefit member or a deceased limited benefits member, is a child of the former member (including an adopted child, an ex-nuptial child, a step-child, a child of the former member within the meaning of the Family Law Act 1975 or any other person whom the Board determines is to be treated as a child of the former member) who:

                            * is not an eligible child; and

                            * is aged less than 16, or is aged 16 or more but less than age 25 and:

                            ­       is receiving a full-time education at a school, college or university; and

                            ­       is not ordinarily employed or self-employed;

                        and

                            * in respect of whom, immediately before the death of the former member,

                            ­       the former member was voluntarily making, or required by a Court to make, regular maintenance payments; or

                            ­       in the opinion of the Board, the former member would have been voluntarily making, or required by a Court to make, such payments if the child had been born before the death of the former member."

5.5 The following note is inserted after the definition of partially dependent child:

"Note  Rule 1.2.6 is relevant for determining if a child is a step-child."

5.6 Rule 1.2.1 is further amended by inserting the following new definition in alphabetical order:

                        "partner a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes)."

    5.7 Rule 1.2.1 is further amended by replacing the definition of spouse with the following definition:

                        "spouse in relation to a deceased member, a deceased limited benefits member, a deceased preserved benefit member or a deceased pensioner, means:

                            * another person who had a marital or couple relationship with the deceased person at the time of the deceased person's death; or

                            * another person who did not have a marital or couple relationship with the deceased person at the time of the deceased person's death but who had previously had a marital or