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Workers Compensation Act 1951
77Death benefits
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77 Death benefits
(1) This section applies to the death of a worker for which compensation
is payable under this Act.
(2) The dependants of the worker are entitled to the following:
(a) a single lump sum payment of $539 002.37 wpi indexed to be
divided between the dependants;
(b) for each dependant who is a child—weekly compensation of
$148.23 wpi indexed;
(c) the funeral expenses of the worker to a maximum of $11 828.87
cpi indexed.
(3) In working out for this Act whether or not a child is, or was,
dependent on the earnings of the worker, any family tax benefit within
the meaning of the A New Tax System (Family Assistance) Act 1999
(Cwlth), section 3 (definitions) in relation to the child must be
disregarded.
(4) To remove any doubt, the payment under subsection (2) (a) need not
be divided equally between the dependants, but may be divided
between them as the Magistrates Court considers appropriate.
(5) Compensation under subsection (2) (b) is payable only while the
person receiving it is a child.
(6) If the worker did not have dependants, the personal representative of
the worker is entitled to a maximum of $11 828.87 cpi indexed for
the funeral expenses of the worker.
WPI means the Wage Price Index number published by the
Australian Statistician.
wpi indexed, for an amount, means the amount as adjusted in line
with any adjustment in the WPI since the commencement of the
provision in which the amount appears.