Part 4 Death benefits

1.   Benefits on death of person with dependants

(1) If the death of a person results directly from a motor accident and the person is survived by one or more dependants, a lump sum is payable as death benefits.

(2) Subject to this Part, the lump sum payable under subclause (1) in respect of a motor accident that occurs on or after 17 February 2020 is a sum of $88 000.

(3) If the deceased is survived by 2 or more dependants, of whom at least one is a dependent child who –

(a) is less than 9 years of age, the lump sum specified under subclause (2) is to be increased by $26 000 in respect of each such dependent child; or

(b) has attained 9 years of age but is less than 18 years of age, the lump sum specified under subclause (2) is to be increased by $13 000 in respect of each such dependent child; or

(c) has attained 18 years of age but is less than 25 years of age, the lump sum specified under subclause (2) is to be increased by $5 200 in respect of each such dependent child.

(4) The lump sum payable as death benefits under this clause is –

(a) payable to the dependants of the deceased; and

(b) to be apportioned between the dependants as the Board considers appropriate having regard to the degree of dependency of each dependant; and

(c) in the case of a lump sum payable to a dependent child under 18 years of age, to be paid to the Public Trustee on behalf of that child.

(5) The lump sum payable as death benefits in respect of a motor accident that occurred on or after 1 August 2012 but before 17 February 2020 is to be determined in accordance with the Motor Accidents (Liabilities and Compensation) Regulations 2010 as in force immediately before 17 February 2020.

(6) The lump sum payable as death benefits in respect of a motor accident that occurred on or after 1 March 2010 but before 1 August 2012 is to be determined in accordance with the as in force immediately before 1 August 2012.