Document ID: chunk:federal_register_of_legislation:F2008L04706:body:0:p2
Version: federal_register_of_legislation:F2008L04706
Segment Type: other
Provision Reference: 
Character Range: 2542–5703

a relationship at a particular time between a member, a preserved benefit member or a pensioner and another person, whether or not they were legally married to each other at the time of the relationship, under which they had been living with each other:

                            * as husband and wife, or partners, on a permanent and bona fide domestic basis for a continuous period of at least 3 years up to that time; or

                            * for a continuous period of less than 3 years up to that time but, in the opinion of the Board, were living with each other as husband and wife, or partners, on a permanent and bona fide domestic basis at that time, having regard to any evidence relevant in that respect, which includes evidence establishing any of the following:

                            ­       that the other person was wholly or substantially dependent on the member, preserved benefit member or pensioner;

                            ­       that they were legally married to each other;

                            ­       that the relationship was registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901, as a kind of relationship prescribed for the purposes of that section;

                            ­       that a child was born of the relationship or was adopted during the period of the relationship;

                            ­       that there is a child of both of the persons within the meaning of the Family Law Act 1975;

                            ­       that they jointly owned a home which was their usual residence;

                            ­       any other matters that the Board considers relevant."

    5.2 Rule 1.2.1 is further amended by replacing the definition of eligible child with the following definition:

                        "eligible 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:

                            * has not reached age 16; or

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

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

                            ­       is not ordinarily employed or self-employed;

                        and

                            * immediately before the death of the former member:

                            ­       ordinarily lived with the former member; or

                            ­       was, in the opinion of 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,