58Surviving partner—periodical payments

58 Surviving partner—periodical payments S. 58(1) amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (1) The Commission is liable to pay to a surviving partner of an earner who dies as a result of a transport accident a weekly payment in accordance with this section. (a) 80 per centum of the earner's assessed earnings; or S. 58(2)(b) amended by Nos 84/1994 s. 55(2)(f), 27/2001 s. 4(Sch. 2 item 4.9). (b) if the surviving partner has no dependent children—$304; or S. 58(2)(c) amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (c) if the surviving partner has dependent children, an amount equal to the sum of— S. 58(2)(c)(i) amended by No. 84/1994 s. 55(2)(f). S. 58(2)(c)(ii) amended by No. 84/1994 s. 55(2)(d). (ii) $85 for one dependent child; and S. 58(2)(c)(iii) amended by No. 84/1994 s. 55(2)(b). (iii) $27 for each other dependent child— S. 58(3)(a) amended by No. 84/1994 s. 55(2)(i). (b) 100 per centum of the earner's assessed earnings— S. 58(4) amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (4) If, at the date of death of the earner, there is more than one surviving partner, the amount of the weekly payment under this section for each surviving partner is the amount calculated in accordance with the formula— A is the amount of the weekly payment determined under subsections (2) and (3). B is the number of years during which the surviving partner was a dependent partner of the earner. C is the sum of the years during which each other surviving partner of the earner was a dependent partner of the earner. S. 58(5) amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (5) Weekly payments under this section are not payable to a surviving partner of an earner— (a) after the expiration of five years after the death of the earner; or S. 58(5)(b) substituted by No. 84/1994 s. 13(2)(c), amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (b) after the surviving partner attains the pension age— whichever first occurs but if, at that time, the surviving partner has a dependent child, weekly payments continue to be payable to the surviving partner until the surviving partner ceases to have a dependent child. S. 58(6) def. of *dependent child* substituted by No. 32/1988 s. 14(3), amended by Nos 27/2001 s. 4(Sch. 2 item 4.9), 49/2018 s. 4, 18/2022 s. 31(1). ***dependent child***, in relation to a surviving partner of an earner who dies as a result of a transport accident, means a child— (a) who is dependent on the surviving partner and is a child (whether or not a dependent child) of the earner or is a dependent of the earner; and (b) who— (i) is under the age of 18 years; or (ii) has attained the age of 18 years but is under the age of 25 years and is a full-time student or an apprentice— but does not include a child who has a partner; S. 58(6) def. of *the earner's assessed earnings* amended by Nos 84/2000 s. 17, 60/2007 s. 13. ***the earner's assessed earnings*** means the amount calculated in accordance with the formula— A is the amount determined as the total amount that, but for the transport accident, the earner would have had the capacity to earn in employment reasonably available to the earner in view of the earner's training, skills and experience during the period of twelve months after the death of the earner, but does not include any employer superannuation contribution. S. 58(7) amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (7) The Commission is not liable to make payments under this section to a surviving partner of an earner who dies as a result of a transport accident in respect of any period after an award or settlement of damages is made in respect of the death. S. 58(8) inserted by No. 18/2022 s. 31(2). (8) The Commission is not liable to make payments under this section to a surviving partner of an earner who dies as a result of a transport accident (the ***deceased partner***) in respect of any period if the surviving partner is convicted of— (a) an offence of murder or manslaughter, the commission of which involved the killing of the deceased partner and use of a motor vehicle; or (b) an offence under section 318(1) or 319(1) of the **Crimes Act 1958** or a corresponding law in respect of driving a motor vehicle at that time that caused the death of the deceased partner. S. 58(9) inserted by No. 18/2022 s. 31(2). (9) For the purposes of subsection (8), the Minister may, by Order published in the Government Gazette, declare a law of another State or a Territory, including a law that has been repealed or has expired, to be a corresponding law for the purposes of that subsection.