WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 204 Reduced compensation if dependant dies before payment made

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 204

204 Reduced compensation if dependant dies before payment made

(1) This section applies if the worker is survived by a dependant who dies before payment of compensation is made for the dependant’s benefit.

(2) For this section, the dependant is taken to have died before the worker.

(3) However, compensation for the period starting on the day of the worker’s death and ending on the day of the dependant’s death is payable to the dependant’s legal personal representative for the benefit of the dependant’s estate.

(4) The amount of the compensation is a weekly payment under this section.

(5) If the dependant was a spouse who was totally dependent on the worker’s earnings, the payment is, for each week, 14% of QOTE.

(6) If the worker has left no surviving spouse and the dependant was a member of the worker’s family who was totally dependent on the worker’s earnings and was caring for—

(a) another member of the worker’s family who was totally dependent on the worker’s earnings; or

(b) the worker’s child or stepchild who was under 16 or a student;

the payment is, for each week, 14% of QOTE.

(7) If the dependant was a member of the worker’s family or a child of the worker’s spouse who was under 16 or a student and was totally dependent on the worker’s earnings, the payment is, for each week, 7% of QOTE.