Death benefits
77 Death benefits
This section applies to the death of a worker for which compensation is payable under this Act.
The dependants of the worker are entitled to the following:
a single lump sum payment of $539 002.37 wpi indexed to be divided between the dependants;
for each dependant who is a child—weekly compensation of $148.23 wpi indexed;
the funeral expenses of the worker to a maximum of $11 828.87 cpi indexed.
In working out for this Act whether or not a child is, or was, dependent on the earnings of the worker, any family tax benefit within the meaning of the A New Tax System (Family Assistance) Act 1999 (Cwlth), section 3 (definitions) in relation to the child must be disregarded.
To remove any doubt, the payment under subsection (2) (a) need not be divided equally between the dependants, but may be divided between them as the Magistrates Court considers appropriate.
Compensation under subsection (2) (b) is payable only while the person receiving it is a child.
If the worker did not have dependants, the personal representative of the worker is entitled to a maximum of $11 828.87 cpi indexed for the funeral expenses of the worker.
In this section:
WPI means the Wage Price Index number published by the Australian Statistician.
wpi indexed, for an amount, means the amount as adjusted in line with any adjustment in the WPI since the commencement of the provision in which the amount appears.
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