Section 7 · The Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011

Contents

7Death benefits#

(1)If—

(a)in the course of carrying out his or her work a person who is employed in a relevant employment—

(i)sustains an injury; or

(ii)contracts a disease; and

(b)the person dies as a result of the injury or disease,

(i)spouse;

(ii)civil partner;

(iii)^note... cohabiting partner; or

(iv)dependant,

then subject to paragraph (2), if the deceased leaves a surviving—such persons may be entitled to an annual allowance or lump sum.

(2)The allowance or lump sum is to be paid by the relevant employer and subject to regulation 8, is to be of such amount as the employer may from time to time determine.

(3)An allowance to a dependant shall continue for such period as the relevant employer may determine.

(4)“Cohabiting partner” means a person (A) who the relevant employer is satisfied fulfilled the condition in paragraph (4A) for a continuous period of at least 2 years ending on the date the person (B) who was, or had been, employed in a relevant employment died.

(4A)The condition in this paragraph is that—

(a)B is able to marry or form a civil partnership with A,

(b)B and A are living together as if they were married or as if they were civil partners,

(c)neither B nor A are living with a third person as if they were married or as if they were civil partners, and

(d)either A is financially dependent on B, or B and A are financially interdependent.

(5)“Dependant” means—

(a)a child of the deceased if the child—

(i)has not reached the age of 23, or

(ii)has reached that age and, in the opinion of the relevant employer, was at the date of the deceased’s death dependent on the deceased because of physical or mental impairment;

(b)a person who is not a spouse, civil partner, or ^note... cohabiting partner of the deceased at the date of the deceased’s death and is not a child of the deceased if, in the opinion of the relevant employer, the person was at the date of the deceased’s death—

(i)financially dependent on the deceased,

(ii)in a financial relationship with the deceased which was one of mutual dependence, or

(iii)dependent on the deceased because of physical or mental impairment.

Contains public sector information licensed under the Open Government Licence v3.0.