Part 3 Funeral benefits

1.   Funeral benefits

Subject to clause 2 , if the death of a person results directly from a motor accident, all expenses reasonably incurred in the burial or cremation of the body are payable as funeral benefits, other than expenses incurred in the provision or erection of a gravestone for the person.

2.   Limitation on funeral benefits

(1) The maximum amount payable under clause 1 of this Part in respect of a motor accident that occurs on or after 1 December 2007 is $7 500, plus an additional amount calculated in accordance with the following formula:

where –

A is the additional amount payable in dollars;

I% is the total percentage increase in adult average weekly earnings between the adult average weekly earnings released on the 2007 release day and the most recently released adult average weekly earnings for the period ending in May.

(2) The maximum amount payable as funeral benefits in respect of a motor accident that occurred before 1 December 2007 is to be determined in accordance with the Motor Accidents (Liabilities and Compensation) Regulations 2000 as in force immediately before 1 December 2007.