TASIn ForceAct
Workers Rehabilitation and Compensation Act 1988
67AWeekly payments in case of death
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### 67A Weekly payments in case of death
> [*\[Section 67A Inserted by No. 99 of 2000, s. 34, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS34@EN)
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> > (1) In addition to any lump sum payable under section 67 –
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> > > > (a) [*\[Section 67A Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja73@GC4@Hpa@EN) [*\[Section 67A Subsection (1) amended by No. 65 of 2004, s. 15, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS15@Hpa@EN) a spouse or caring partner of a deceased worker who is wholly or partially dependent on that worker, is entitled to weekly payments from the date of the worker's death, calculated at the same rate as the deceased worker would have been entitled to had he or she become totally incapacitated; and
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> > > > (b) [*\[Section 67A Subsection (1) amended by No. 85 of 2009, s. 15, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS15@Hpa@EN) a dependent child of the deceased worker is entitled to weekly payments of 15% of the basic salary, commencing on the expiration of 13 weeks after the date of death.
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> > (2) The amount payable under [subsection (1)(a)](#GS67A@Gs1@Hpa@EN) is to be paid as follows:
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> > > > (a) [*\[Section 67A Subsection (2) amended by No. 85 of 2009, s. 15, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS15@Hpb@EN) 100% of the weekly payment for the first 26 weeks following the date of death;
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> > > > (b) [*\[Section 67A Subsection (2) amended by No. 65 of 2004, s. 15, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS15@Hpb@EN) [*\[Section 67A Subsection (2) amended by No. 85 of 2009, s. 15, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS15@Hpd@EN) [*\[Section 67A Subsection (2) amended by No. 85 of 2009, s. 15, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS15@Hpc@EN) 90% of the weekly payment for the period exceeding 26 weeks but not exceeding 78 weeks from the date of death;
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> > > > (c) [*\[Section 67A Subsection (2) amended by No. 65 of 2004, s. 15, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS15@Hpc@EN) 80% of the weekly payment for the period exceeding 78 weeks but not exceeding 2 years from the date of death.
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> > (3) [*\[Section 67A Subsection (3) amended by No. 65 of 2004, s. 15, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS15@Hpe@EN) [*\[Section 67A Subsection (3) amended by No. 65 of 2004, s. 15, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS15@Hpd@EN) [*\[Section 67A Subsection (3) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja73@GC4@Hpb@EN) If a worker dies, as a result of injuries in respect of which he or she is receiving compensation under this Act, more than 78 weeks after receiving those injuries, his or her dependent spouse or dependent caring partner is entitled to 80% of the weekly payment.
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> > (4) [*\[Section 67A Subsection (4) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja73@GC4@Hpc@EN) A spouse or caring partner ceases to be entitled to weekly payments under [subsection (3)](#GS67A@Gs3@EN) on the expiration of 2 years after the date of death.
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> > (5) [*\[Section 67A Subsection (5) inserted by No. 65 of 2004, s. 15, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS15@Hpf@EN) A claim for weekly payments under this section is to be made in accordance with [section 34](#GS34@EN) .