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—