26Compensation for injuries resulting in death

26  Compensation for injuries resulting in death

 (1) This section applies if an injury to a covered person results in the covered person’s death.

 (2) Subject to this section and sections 25 and 27, if the covered person dies without leaving dependants, compensation is not payable in respect of the injury.

 (3) Subject to this section and to sections 25 and 27, if the covered person dies leaving dependants some or all of whom were, at the date of the covered person’s death, wholly dependent on the covered person:

 (a) the Commonwealth is liable to pay compensation in respect of the injury of $517,564.84; and

 (b) that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of all of those dependants.

 (4) If the covered person dies without leaving dependants who were wholly dependent on the covered person at the date of the covered person’s death but leaving dependants who were partly dependent on the covered person at that date:

 (a) subject to this section and to sections 25 and 27, the Commonwealth is liable to pay compensation in respect of the injury of such amount, not exceeding $517,564.84, as Comcare determines, having regard to any losses suffered by those dependants as a result of the cessation of the covered person’s earnings; and

 (b) that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of all of those dependants.

 (5) If:

 (a) a prescribed child was, at the date of the injury or at the date of the covered person’s death, wholly or mainly dependent on the covered person; or

 (b) a prescribed child, who is a child of the covered person, was born after the covered person’s death; or

 (c) a prescribed child would, if the covered person had not died, have been wholly or mainly dependent on the covered person;

the Commonwealth is liable to pay compensation at the rate of $142.33 a week and that compensation is payable to, or in accordance with the directions of, Comcare for the benefit of that child from the date of the covered person’s death or the date of the birth of the child, whichever is the later.

 (6) Compensation is not payable under subsection (5) in respect of:

 (a) any period during which the child is not a prescribed child; and

 (b) in the case of a child referred to in paragraph (5)(c)—any period during which, if the covered person had not died, the child would not have been wholly or mainly dependent on the covered person.

 (7) An amount of compensation paid or payable under this instrument before the death of a covered person:

 (a) is not affected by subsection (2); and