7Family relationships

7  Family relationships

 (1) For the purposes of this instrument, relationships (including the relationship of being family or being relatives) are taken to include (without limitation):

 (a) relationships between de facto partners; and

 (b) relationships of child and parent that arise:

 (i) if someone is an ex‑nuptial or adoptive child of a person; or

 (ii) because of the definitions of child and parent in section 5; and

 (c) relationships traced through relationships referred to in paragraphs (a) and (b).

 (2) For the purposes of this instrument, a person is to be taken to have been wholly or partly dependent on a covered person at the date of the covered person’s death if the person would have been so dependent but for an incapacity of the covered person that resulted from an injury.

 (3) For the purposes of this instrument, a person who, immediately before the date of a covered person’s death, lived with the covered person and was:

 (a) the partner of the covered person; or

 (b) a prescribed child of the covered person;

is to be taken to be a person who was wholly dependent on the covered person at that date.

 (4) For the purposes of this instrument, other than subsection 26(5), a child of a deceased covered person who was born alive after the covered person’s death is to be treated as if he or she had been born immediately before the covered person’s death and was wholly dependent upon the covered person at the date of the covered person’s death.

 (5) In ascertaining, for the purposes of this instrument, whether a child is or was dependent on a covered person, any amount of:

 (a) family tax benefit calculated under Part 2 or 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (an individual’s Part A rate); and

 (b) carer allowance under that Act; and

 (c) double orphan pension under that Act;

is not to be taken into account.