Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 57

Death benefit for surviving partner

57. Death benefit for surviving partner





(1) The Commission is liable to pay a death benefit under this section to a
surviving partner of a person who dies as a result of a transport accident.





(2) Subject to subsection (4), the amount of the death benefit under this
section is the amount calculated in accordance with the formula-

where A is-

   (a)  if at the date of death the person was 75 or over-75; or



   (b)  if at the date of death the person was 25 or under-25; or



   (c)  if at the date of death the person was over 25 and under 75-the age of
        the person at that date in whole years-

less, if the person has received an impairment benefit under section 47 in
respect of the transport accident, the amount of that benefit.

(3) Subject to subsection (4), if, at the date of death of the person, there
is more than one surviving partner, the amount of $103 210 referred to in
subsection (2) shall, in determining the benefit for each surviving partner,
be taken to be the amount calculated in accordance with the formula-

where-

B is the number of years during which the surviving partner was a dependent
partner of the person.

C is the sum of the years during which each other surviving partner of the
person was a dependent partner of the person.

(4) If-

   (a)  any dependent children of the person would have been entitled to a
        death benefit under section 59 but for the operation of section 59(9);
        and

   (b)  a surviving partner is entitled to a death benefit under this section-

then-

   (c)  each such child is entitled to an equal share of an amount calculated
        in accordance with the formula-

where-
S is one or, if there is more than one surviving partner, the number of
surviving partners; and

   (d)  the reference in the formula in subsection (2) and (3) to $103 210
        shall be deemed to be a reference to an amount calculated in
        accordance with the formula-

where-
S has the same meaning as in paragraph (c).

(5) The Commission is not liable to pay a death benefit under this section to
a surviving partner or dependent child of a person who dies as a result of a
transport accident if the surviving partner or dependent child receives an
award or makes a settlement of damages in respect of the death.