Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 58

Surviving partner-periodical payments

58. Surviving partner-periodical payments







(1) The Commission is liable to pay to a surviving partner of an earner who
dies as a result of a transport accident a weekly payment in accordance with
this section.

(2) Subject to subsection (3), the amount of the weekly payment under this
section is-

   (a)  80 per centum of the earner's assessed earnings; or

   (b)  if the surviving partner has no dependent children-$304; or





   (c)  if the surviving partner has dependent children, an amount equal to
        the sum of-



   (i)  $304; and

   (ii) $85 for one dependent child; and

   (iii) $27 for each other dependent child-

whichever is the greater.

(3) A weekly payment under this section must not exceed-

   (a)  $621; or





   (b)  100 per centum of the earner's assessed earnings-

whichever is the lesser.

(4) If, at the date of death of the earner, there is more than one surviving
partner, the amount of the weekly payment under this section for each
surviving partner is the amount calculated in accordance with the formula-

where-

A is the amount of the weekly payment determined under subsections (2) and
(3).

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

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

(5) Weekly payments under this section are not payable to a surviving partner
of an earner-

   (a)  after the expiration of five years after the death of the earner; or

   (b)  after the surviving partner attains the pension age-





whichever first occurs but if, at that time, the surviving partner has a
dependent child, weekly payments continue to be payable to the surviving
partner until the surviving partner ceases to have a dependent child.

(6) In this section-

dependent child, in relation to a surviving partner of an earner who dies as a
result of a transport accident, means a child-

   (a)  who is dependent on the surviving partner and is a child (whether or
        not a dependent child) of the earner or is a dependent of the earner;
        and

   (b)  who-

   (i)  is under the age of 16 years; or

   (ii) has attained the age of 16 years but is under the age of 25 years and
        is a full-time student- but does not include a child who has a
        partner;

the earner's assessed earnings means the amount calculated in accordance with
the formula-

where-
A is the amount determined as the total amount that, but for the transport
accident, the earner would have had the capacity to earn in employment
reasonably available to the earner in view of the earner's training, skills
and experience during the period of twelve months after the death of the
earner, but does not include any employer superannuation contribution.

(7) The Commission is not liable to make payments under this section to a
surviving partner of an earner who dies as a result of a transport accident in
respect of any period after an award or settlement of damages is made in
respect of the death.