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1.14 Other Persons Resident with Member before death


Whether or not dependants, other than the spouse or prescribed child of the member, were living with the deceased immediately before the death, those dependants are not deemed to have been wholly dependent on the basis that they had been living with the deceased.  They may, however, be deemed to have been so dependent under subsection 4(4) of the SRCA or may be found on the facts to be so dependent.

For example, children of the employee's household, other than children 'of the employee' (for example, where the employee stood in the position of parent to the child), are not 'deemed' by Ss4(5) and therefore, unless deemed by Ss4(4), need to establish their state of dependency separately i.e. on the facts. That is, whether they had been dependent upon the employee for economic support. The proof of such a child's dependency is related, to a large degree, to the dependency of the child's guardian adult on the employee.

  • For instance, if a male member had at the time of the death, been living with his spouse and infant daughter in the household of a divorced sister who herself had young children, his infant daughter would be a prescribed child who was also wholly dependent upon him. However, his sister's children, although meeting the bald definition of 'prescribed child' and also living with the member, would not be deemed to have been dependent for economic support upon him, and may or may not meet the definition of 'dependant' and may or may not share the lump sum benefit with other dependants.
  • On the other hand, if the divorced sister had been living in the member's household and the member had been supporting his sister (or alternatively directly contributing to the upkeep of her children), and if the member had stood in the position of parent to the children, those 'prescribed children' would be at least partly dependent upon him and may be entitled to a share of the lump sum payment, .