RPSM10104040 - Technical Pages: Death benefits: Pensions: Main principles: Definition of dependant

Definition of a dependant

A person is a member’s dependant if they meet the terms of a, b or c below.

1. The person was married to or was the civil partner of the member at the date of the member’s death (or, scheme rules permitting, at the time the member first became entitled to a pension under the relevant registered pension scheme - see (RPSM10104020).
2. He / she was a child of the member when the member died and the child either
• has not reached the age of 23,
• has reached age 23 and, in the opinion of the scheme administrator, was at the date of the member’s death dependent on the member because of physical or mental impairment, or
• is covered by any of the transitional provisions described in RPSM10104042.
3. He / she was neither married to, or the civil partner of, the member at the date of the member’s death, nor a child of the member but, in the opinion of the scheme administrator, at the date of the member’s death:
• was financially dependent on the member, or
• his / her financial relationship with the member was one of mutual dependence, or
• was dependent on the member because of physical or mental impairment.

Adoption

A person who had been legally adopted by the member at the date of the member's death is a child of the member, as the member has been granted parental responsibility for the child.

Under age 23

Where a pension benefit is provided to a person who is a dependant through being classed as a child of the member under the age of 23 (rather than because of any of physical or mental impairment) an authorised pension benefit cannot be provided beyond that person’s 23^rd birthday unless the transitional provisions described in RPSM10104042 apply to them.

Dependant's pension paid from schemes in existence on 5 April 2006

There are transitional provisions for schemes that were in existence before 6 April 2006 to allow a pension for a child of a member to be paid (or even start) beyond age 23 if certain conditions are met. Further details can be found at RPSM10104042.

Mutual dependence

This does not require that a person is entirely or even predominantly dependent on another financially, nor does it require an equal level of financial dependence between the parties. Clearly some element of reliance on each other financially is involved, but it is for scheme rules to set out the criteria to be used by the scheme to determine dependency in these circumstances.