Lump-sum compensation in respect of death
22 Lump-sum compensation in respect of death
Subject to section 37, the following benefits are payable in respect of the death of a qualifying person:
to the person liable to meet the expense of the person's funeral
– the cost of the funeral or 5.2 times average weekly earnings (whichever is the lesser amount);
for the benefit of the qualifying person's spouse or dependent child (or spouse and dependent child) – the prescribed proportions of 156 times average weekly earnings at the time the payment is made.
For the purposes of subsection (1)(b), a person claiming to be a spouse or a dependent child of the deceased qualifying person may apply to the Commission for a determination under that subsection.
For the purposes of subsection (1)(b), the prescribed proportions are those specified in column 2 of the Table in respect of the spouse or dependent child or dependent children specified opposite in Column 1 of the Table.
TABLE
Column 1 |
Column 2 |
Dependants |
Proportion |
Spouse |
100% |
one child |
100% |
2 or more children |
Equally between children |
Spouse and one child |
10% to child, balance to spouse |
Spouse and not more than 5 children |
5% to each child, balance to spouse |
Spouse and more than 5 children |
25% divided equally between children, balance to spouse |
If, before dying as a result of the injury, the qualifying person received compensation by way of lump sum for permanent impairment resulting from the same injury, the amount of the benefit payable under subsection (1)(b) is to be reduced by the amount of that lump sum.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.