Serving members of His Majesty’s forces, civil servants and their family members 8.—(1) A relevant individual is to be treated as meeting the residence and presence conditions set out in regulations 6(1)(a), (b) and (d) where on any day that individual is outside the common travel area— (c) by reason of their capacity mentioned in paragraph (3)(a) provided that the individual satisfied the residence and presence conditions set out in regulation 6(1)(a), (b) and (d) immediately prior to the start of their employment mentioned in paragraph (3)(a), or (d) by reason of being a person mentioned in paragraph (3)(b) living with an individual to whom paragraph (3)(a) applies. (2) The past presence test set out in regulation 6(1)(e) does not apply to a relevant individual. (3) A “relevant individual” in paragraph (1) and (2) means an individual who is— (a) outside of the common travel area in their capacity as a— (i) serving member of His Majesty’s forces, or (ii) civil servant, or (b) living with a person mentioned in sub-paragraph (a) and— (i) is the child, step-child or child in care of that person, (ii) is the parent, step-parent or parent-in-law of that person, or (iii) is married to or in a civil partnership with that person, or is living together with that person as if they were married or in a civil partnership. (4) In this regulation— “child in care” means— 7 (a) under the law of Scotland, a child in respect of whom a relevant individual listed in paragraph (3)(a)— (i) is a foster carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009,(a) (ii) is a kinship carer within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009, (iii) has a kinship care order within the meaning of section 72 of the Children and Young People (Scotland) Act 2014,(b) or (b) under the law of England and Wales and Northern Ireland, a child in respect of whom a person listed in paragraph (3)(a) has a relationship equivalent to those listed under the law of Scotland, “civil servant” has the meaning given by section 1(4) of the Constitutional Reform and Governance Act 2010,(c) and "serving member of His Majesty's forces" means a member of a regular force or a reserve force ("M...