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WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 67A Weekly payments in case of death

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 67A

Weekly payments in case of death

(1)  In addition to any lump sum payable under section 67 –
(a) a spouse or caring partner of a deceased worker who is wholly or partially dependent on that worker, is entitled to weekly payments from the date of the worker's death, calculated at the same rate as the deceased worker would have been entitled to had he or she become totally incapacitated; and
(b) a dependent child of the deceased worker is entitled to weekly payments of 15% of the basic salary, commencing on the expiration of 13 weeks after the date of death.
(2)  The amount payable under subsection (1)(a) is to be paid as follows:
(a) 100% of the weekly payment for the first 26 weeks following the date of death;
(b) 90% of the weekly payment for the period exceeding 26 weeks but not exceeding 78 weeks from the date of death;
(c) 80% of the weekly payment for the period exceeding 78 weeks but not exceeding 2 years from the date of death.
(3)  If a worker dies, as a result of injuries in respect of which he or she is receiving compensation under this Act, more than 78 weeks after receiving those injuries, his or her dependent spouse or dependent caring partner is entitled to 80% of the weekly payment.
(4)  A spouse or caring partner ceases to be entitled to weekly payments under subsection (3) on the expiration of 2 years after the date of death.
(5)  A claim for weekly payments under this section is to be made in accordance with section 34 .