Workers’ Compensation and Rehabilitation Act 2003

This section applies if all of the worker’s dependants were, at the time of the worker’s death, partially dependent on the worker’s earnings.

The amount of compensation payable for the worker’s dependants is—

if the worker has left dependent members of the worker’s family, for the members—an amount the insurer considers is reasonable and proportionate to the monetary value of the loss of dependence by the dependants; and

if the worker has left dependent members of the worker’s family or a child of the worker’s spouse who was partially dependent on the worker’s earnings and who are under 16 or students, for each member or child—a weekly amount equal to 7% of QOTE while the member or child is under 16 or a student.

However, the amount payable under subsection (2)(a)—

must not be less than 15% of the amount payable under section 200(2)(a); and

must not be more than the amount payable under section 200(2)(a).