62Lump-sum compensation in respect of death

62 Lump-sum compensation in respect of death (1) Subject to subsection (2), where the death of a worker results from or is materially contributed to by an injury, there is payable: (a) to the person liable to meet the expense of the worker's funeral, a funeral benefit equal to: (i) the cost of the funeral; or (ii) the prescribed amount, whichever is the lesser amount; and (b) for the benefit of the worker's dependants: (i) where the dependants are a spouse, a child or children, or a spouse and a child or children, the prescribed proportions; or (ii) such proportions as the Court determines on an application under subsection (2) having regard to the relative needs and degrees of dependency of the dependants, of an amount equal to 364 times average weekly earnings at the time the payment is made; and

Return to Work Act 1986 52 (c) for the benefit of the worker's dependants – the reasonable costs (not exceeding, in the aggregate, any amount prescribed by regulation) of one or both of the following: (i) counselling services provided to them by a counselling professional; (ii) expert financial advice. (2) For the purposes of subsection (1)(b), a person claiming to be a dependant of the deceased worker may, in the prescribed form, apply to the Court for a determination under that subsection. (3) For the purposes of subsection (1)(b)(i), the prescribed proportions are those specified in column 2 of the Table in respect of the dependants specified opposite in Column 1 of that 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) Except where the Court orders otherwise, an amount payable under this section for the benefit of a dependant who is a child of a worker shall be paid, where the child has not attained the age of 18 years, to the Public Trustee appointed under the Public Trustee Act 1979 who shall hold the amount on trust for the benefit of that child until the child attains the age of 18 years. counselling professional means: (a) a medical practitioner, registered psychologist or social worker; or (b) a counsellor who has qualifications recognised by the Authority.

Return to Work Act 1986 53 counselling service means a service provided to a worker's dependants to assist them to cope with the psychological impact of the death of the worker.