WORKERS COMPENSATION ACT 1987 - SECT 85 Payments to NSW Trustee for benefit of beneficiary

WORKERS COMPENSATION ACT 1987 - SECT 85

85 Payments to NSW Trustee for benefit of beneficiary

(cf former ss 15 (3), 57, 58, 61)

(1) The following compensation shall be paid to the NSW Trustee in trust for the benefit of the persons entitled to the compensation--

(a) compensation payable in respect of the death of a worker (unless paid to a worker's legal personal representative or a particular person in accordance with this Act or an award),

(b) compensation payable to a person who is mentally ill (unless the Commission otherwise orders),

(c) compensation payable to a worker under the age of 18 years if the worker agrees or the Commission directs that the compensation be paid to the NSW Trustee,

(d) a lump sum commutation payment which the worker agrees or the Commission orders to be paid to the NSW Trustee.

(2) Any money so paid to the NSW Trustee may be invested, applied, paid out or otherwise dealt with by the NSW Trustee in such manner as the NSW Trustee thinks fit for the benefit of the persons entitled to the money.

(3) If a surviving spouse (including widow or widower) (over 18 years of age and not mentally ill) is the only person entitled to compensation paid to the NSW Trustee in respect of the death of a worker, the compensation shall be paid out to the surviving spouse in one or more lump sums determined by the NSW Trustee.

(4) A reference in subsection (3) to the surviving spouse of a deceased worker includes a reference to a dependant of the worker who is the de facto partner of the worker.

(5) In the case of a lump sum commutation payment, the NSW Trustee shall exercise its powers under this section in accordance with the agreement or order under which it was paid to the NSW Trustee.

(6) The Commission may, for any sufficient cause, vary the manner in which the NSW Trustee invests, applies, pays out or otherwise deals with money under this section.

(7) The NSW Trustee may apply for any such variation.

(8) The receipt of the NSW Trustee is sufficient discharge in respect of any money paid to the NSW Trustee under this section.