Workers' (Occupational Diseases) Relief Fund Act 1954

Where it is established to the satisfaction of the Secretary, on the certificate of a certifying medical practitioner, or, on appeal from that certificate, on the certificate of a medical referee, that the death of an employee has been caused by disease, and the death has occurred – while he was employed as an employee; or while he was in receipt of a weekly payment under this Act in respect of incapacity due to disease – the dependants of the employee are entitled to compensation in accordance with this section.

The compensation payable in respect of the death of any person is a sum of an amount calculated by multiplying the basic rate at the date of his death by the appropriate multiplier and deducting from the product the aggregate of the amounts (as determined in accordance with section twenty-five AA) of the sums paid to him by way of compensation under this Act before his death.

The appropriate multiplier for the purposes of subsection (2) of this section is two hundred and sixty-three, increased, in the case of a person who leaves one or more dependent children, each of whom, at the date of the death of that person, either is under the age of sixteen years or is under the age of twenty-one years and receiving full-time education at a university, college, school, or similar institution, by – if there are not more than three such children, seven in respect of each of those children; or if there are more than three such children, twenty-one.

Claims for compensation under this section shall be determined by the Secretary on application to it in the prescribed manner by or on behalf of a person claiming to be interested therein as a dependant, and upon a claim therefor being made the Secretary may determine – who are the dependants to whom compensation is payable; and the allocation of compensation to or among those dependants.

Where a person does not leave any dependants who are wholly dependent on his earnings or who would have been so dependent but for his incapacity due to disease, the Secretary may reduce the compensation that would otherwise be payable under this section on his death by such amount as it considers reasonable.

All moneys payable by way of compensation under this section shall be paid to the Public Trustee on behalf of the persons entitled thereto.

The Public Trustee shall pay, invest, apply, or otherwise deal with the moneys paid to it under this section, and the income arising from the investment thereof, if any, to or for the benefit of the persons entitled thereto, in such manner as The Public Trustee considers appropriate.