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Transport Accident Act 1986
148Payments due at time of death
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148 Payments due at time of death
Subject to section 149, if the Commission has determined—
(a) to make a payment under section 141 to a person injured as a result of an accident; and
(b) to make that payment by instalments—
and that person dies at a time when the Commission is holding the whole or any part of that payment on behalf of that person, that payment or that part of the payment, as the case requires—
S. 148(c) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).
(c) if that person died as a result of the accident within the period of two years after the date of the accident leaving a dependent partner or dependent child, and subject to paragraph (d), is deemed for the purposes of this Division and any Act not to have been payable to that person as from immediately prior to the death of that person and is deemed for the purposes of sections 142 and 143 not to have been made to the deceased person prior to the death; and
(d) in any other case, and in the case referred to in paragraph (c) if that payment or part of the payment is greater than the total of the amounts payable to the dependants of that person under section 142 or 143, insofar as it is greater than that total, is deemed for the purposes of this Division and any Act to form part of the estate of that person.