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Motor Accidents (Compensation) Act 1979
Part 5Payments in respect of death
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Part 5 Payments in respect of death
Motor Accidents (Compensation) Act 1979 32
(3) For the purposes of subsection (1)(b), the prescribed proportions
are those specified in column 2 of the Table in respect of the
spouse or dependent child or dependent children specified opposite
in Column 1 of the Table.
TABLE
Column 1 Column 2
Dependants Proportion
Spouse 100%
one child 100%
2 or more children Equally between children
Spouse and one child 10% to child, balance to spouse
Spouse and not more than 5 children 5% to each child, balance to spouse
Spouse and more than 5 children 25% divided equally between
children, balance to spouse
(4) If, before dying as a result of the injury, the qualifying person
received compensation by way of lump sum for permanent
impairment resulting from the same injury, the amount of the benefit
payable under subsection (1)(b) is to be reduced by the amount of
that lump sum.