New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 25

25 Death of worker leaving dependants

(cf former s 8 (1))

(1) If death results from an injury, the amount of compensation payable by the employer under this Act shall be--

(a) the amount of $750,000 (the
"lump sum death benefit" ), which is to be apportioned among any dependants who are wholly or partly dependent for support on the worker or (if there are no such dependants) paid to the worker's legal personal representative, and

(b) in addition, an amount of $66.60 per week in respect of--

(i) each dependent child of the worker under the age of 16 years, and

(ii) each dependent child of the worker being a student over the age of 16 years but under the age of 21 years.

(1A) If the lump sum death benefit is paid to the NSW Trustee for the benefit of a dependant in accordance with section 85 after the commencement of this subsection, the employer must, subject to the regulations, pay as additional compensation fees of a kind prescribed by the regulations concerning investing or otherwise managing the sum for the dependant's benefit.

(2) Payments in respect of a dependent child under subsection (1) (b) shall continue--

(a) except as provided by paragraph (b)--until the child dies or reaches the age of 16 years, whichever first occurs, or

(b) in the case of a dependent child who is a student at the time of the worker's death or after reaching the age of 16 years--until the child dies, reaches the age of 21 years or ceases to be a student, whichever first occurs.

(3) The amount of any weekly payments, or other compensation payable under this Act, shall not be deducted from the amounts referred to in subsection (1) (a) or (b).

(4) If an amount mentioned in subsection (1) (a) at any time after the commencement of this Act--

(a) is adjusted by the operation of Division 6, or

(b) is adjusted by an amendment of this section,

the compensation payable under subsection (1) (a) is to be calculated by reference to the amount in force at the date of death.

(4A) If the death of a worker results both from an injury received before the adjustment of an amount mentioned in subsection (1) (a) and an injury received after that adjustment, the worker shall, for the purposes of subsection (1) (a), be treated as having died as a result of the injury received after that adjustment.

(5) In this section--

"child of the worker" means a child or stepchild of the worker and includes a person to whom the worker stood in the place of a parent.

"dependent child of the worker" means a child of the worker who was wholly or partly dependent for support on the worker.

"student" means a person receiving full-time education at a school, college or university.