Can an adult child with a disability who never lived with the deceased still qualify as a dependant?
Yes — living with the deceased isn't a requirement. Under Part V of the SLRA, a "dependant" includes the deceased's child, including an adult child, if the deceased was providing support, or was under a legal obligation to provide support, immediately before death. That test is about an actual support relationship, not cohabitation, so an adult child with a disability who lived elsewhere but relied on the deceased for money, housing costs, or other regular help can still meet it.
What matters most is being able to show that support relationship actually existed close to the time of death — direct payments, coverage of specific expenses, or a documented pattern of ongoing financial help all help build that picture. A disability affecting the person's capacity for self-support is also one of the factors a court weighs in deciding how much support to award once eligibility is established, but it doesn't create eligibility on its own — the underlying support or legal obligation still has to be shown. Anyone in this situation should gather records of that support before pursuing a claim.
Key takeaways
- Cohabitation isn't required — the test is an actual support or legal-support-obligation relationship.
- Adult children are included in the SLRA's definition of a qualifying child.
- Disability affects how much support may be awarded, not whether eligibility exists.
- Evidence of ongoing financial support close to the date of death matters most.