241Weekly pensions for dependants of worker who dies

241 Weekly pensions for dependants of worker who dies

S. 241(1) amended by No. 27/2025 s. 17.

(1) In addition to compensation under section 236, 237, 237AA or 237A, compensation in the form of weekly payments of pension is payable subject to and in accordance with this section.

(2) If the worker leaves one, and only one, dependent partner, the partner is entitled to a weekly pension at the rate of—

(a) during the first 13 weeks after death—

(b) from the end of the first 13 weeks after the death until the end of 3 years after the death—

(i) unless subparagraph (ii) or (iii) applies, 50 per cent of the worker's pre-injury average weekly earnings or twice the State average weekly earnings, whichever is the lesser; or

S. 241(2)(b)(ii) amended by No. 27/2025 s. 35(1)(a).

(ii) if the worker leaves not more than 4 dependent children who are entitled to a pension under this section and subsection (10) applies, an amount calculated in accordance with the formula—

where N is the number of dependent children so entitled; or

S. 241(2)(b)(iii) amended by No. 27/2025 s. 35(1)(b).

(iii) if the worker leaves more than 4 dependent children who are entitled to a pension under this section and subsection (10) applies, 50 per cent of twice the State average weekly earnings.

(3) If the worker leaves 2 or more dependent partners, each partner is entitled to a weekly pension at the rate of an equal share of—

(a) during the first 13 weeks after death—

(b) from the end of the first 13 weeks after the death until the end of 3 years after the death—

(i) unless subparagraph (ii) or (iii) applies, 50 per cent of the worker's pre-injury average weekly earnings or twice the State average weekly earnings, whichever is the lesser; or

S. 241(3)(b)(ii) amended by No. 27/2025 s. 35(2)(a).

(ii) if the worker leaves not more than 4 dependent children who are entitled to a pension under this section and subsection (10) applies, an amount calculated in accordance with the formula—

where N is the number of dependent children so entitled; or

S. 241(3)(b)(iii) amended by No. 27/2025 s. 35(2)(b).

(iii) if the worker leaves more than 4 dependent children who are entitled to a pension under this section and subsection (10) applies, 50 per cent of twice the State average weekly earnings.

(4) If the worker leaves no dependent child other than one, and only one, orphan child, the orphan child is entitled, subject to this section, to a weekly pension at the rate of—