59Surviving children

59 Surviving children S. 59(1) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (1) If a person dies as a result of a transport accident and leaves a dependent child whose other parent is not a dependent partner of the person or does not wholly, mainly or in part provide economic support for the dependent child or is dead or dies as a result of the same accident, the Commission is liable to pay weekly payments, a death benefit and an education allowance in accordance with this section. S. 59(2) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (2) If— (a) a person dies as a result of a transport accident; and S. 59(2)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (b) the surviving partner of that person dies after the accident but otherwise than as a result of a transport accident and was, immediately before the death, entitled to compensation under section 58— the Commission is liable to pay weekly payments and an education allowance in accordance with this section to a dependent child within the meaning of section 58 of the surviving partner. (3) A weekly payment under subsection (1) or (2)— S. 59(3)(a) amended by No. 18/2022 s. 32(1)(a). (a) is the sum of $59 for each dependent child, until the child attains the age of 18 years; and S. 59(3)(b) substituted by No. 18/2022 s. 32(1)(b). (b) must be paid to the responsible person for the child for the benefit of the child until the child attains the age of 18 years. S. 59(4) amended by Nos 45/1994 s. 42(Sch. item 11.1), 15/1998 s. 12(1)(b), 18/2022 s. 32(2). (4) The death benefit under subsection (1) for each dependent child— (a) is payable if, at the time of the death, the child was under 18 years of age or, if a full-time student, under 25 years of age; and S. 59(4)(b) amended by No. 84/1994 s. 55(2)(n). (b) is the sum of $103 210 divided by the number of dependent children; and S. 59(4)(c) amended by Nos 45/1994 s. 42(Sch. item 11.1), 15/1998 s. 12(1)(a). (c) if the child was under 18 at the time of the death, must be paid to a trustee company determined by the Commission to be held on behalf of and for the benefit of the child until he or she attains the age of 18 years— and, if a dependent child dies before attaining the age of 18 years, the amount standing to the credit of the account for the child must be refunded by the trustee company to the Commission. S. 59(4A) inserted by No. 15/1998 s. 12(2). (4A) If the Commission determines under subsection (4) that a death benefit under subsection (1) be paid to State Trustees within the meaning of the **State Trustees (State Owned Company) Act 1994**, State Trustees must accept payment of the amount of the benefit and the acceptance of that amount is a sufficient discharge to the person transferring that amount. S. 59(5) amended by Nos 45/1994 s. 42(Sch. item 11.2), 15/1998 s. 12(3)(a)(b). (5) If under subsection (4) the trustee company holds an amount for the benefit of a child, the trustee company may apply the whole or any part of that amount, or the income from that amount, towards the maintenance, education, advancement or benefit of the child. (6) The education allowance under subsection (1) or (2)— S. 59(6)(a) amended by Nos 84/1994 s. 55(2)(j), 18/2022 s. 32(3)(a). (a) is the sum of $1660 per annum for each dependent child until the child attains the age of 18 years; and S. 59(6)(b) substituted by No. 18/2022 s. 32(3)(b). (b) must be paid to the responsible person for the child for the benefit of the child until the child attains the age of 18 years. (7) If a weekly payment or an education allowance is paid to a dependent child of a person who dies as a result of a transport accident because the other parent does not wholly, mainly or in part provide economic support for the dependent child, weekly payments and the education allowance continue to be payable whether or not the other parent at any later time provides any economic support for the dependent child. (8) The Commission is not liable to pay weekly payments or an education allowance under this section for a child of a person who dies as a result of a transport accident if— S. 59(8)(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (a) the Commission is liable to make payments under section 57 or 58 to a surviving partner of the person; and S. 59(8)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (b) the child is a dependant of the surviving partner. S. 59(9) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (9) The Commission is not liable to pay a death benefit under this section for a child of a person who dies as a result of a transport accident if the Commission is liable to make payments under section 57 or 58 to a surviving partner of the person. (10) The Commission is not liable to make any payment under this section to or for a dependent child of a person who dies as a result of a transport accident after, or in respect of any period after an award or settlement of damages is made in respect of the death. S. 59(10A) inserted by No. 18/2022 s. 32(4). (10A) The Commission is not liable to make any payment under this section to or for a dependent child of a person who dies as a result of a transport accident (the ***deceased parent***) if the dependent child is convicted of— (a) an offence of murder or manslaughter, the commission of which involved the killing of the deceased parent 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 parent. S. 59(10B) inserted by No. 18/2022 s. 32(4). (10B) 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. S. 59(11) substituted by No. 18/2022 s. 32(5). (11) To avoid doubt, if both parents of a child die as a result of the same transport accident, the Commission is liable to pay amounts in accordance with this section as if each parent died as a result of a different transport accident. S. 59(12) inserted by No. 84/2000 s. 18. (12) Subsection (13) applies if— (a) the Commission has determined that it is liable to make payments under this section; and S. 59(12)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (b) the Tribunal upon a review determines that the Commission is liable to make payments under sections 57 and 58 to the surviving partner of an earner. S. 59(13) inserted by No. 84/2000 s. 18. (13) If this subsection applies— (a) State Trustees must, at the request in writing of the Commission, refund to the Commission any lump sum paid to State Trustees on behalf of a dependent child; and S. 59(13)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.10). (b) the Commission is entitled to set-off payments made as weekly payments and education allowance under this section against the payments that the Commission is liable to make under sections 57 and 58 to the surviving partner of the earner. S. 59(14) inserted by No. 84/2000 s. 18. (14) Subsections (12) and (13) as inserted by section 18 of the **Transport Accident (Amendment) Act 2000** apply to and in respect of a transport accident which occurs on or after the commencement of that section. S. 59(15) inserted by No. 18/2022 s. 32(6). (15) A responsible person for a child must without delay notify the Commission of when they stopped having care of a child. S. 59(16) inserted by No. 18/2022 s. 32(6). (16) A person who becomes a responsible person for a child must without delay notify the Commission of when they became the responsible person for the child. S. 59(17) inserted by No. 18/2022 s. 32(6). ***care***, in relation to a child, means the daily care and control of the child, whether or not involving parental responsibility for the child; ***parental responsibility***, for a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children; ***responsible person***, for a child, means a person who has care of the child.