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WORKERS COMPENSATION ACT 1987 - SECT 25
Death of worker leaving dependants
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.
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