(1) A person who would have been entitled to a benefit under section 13 had the person suffered a reduction of earning capacity but who, at the time of the relevant accident:
(a) had not attained the age of 15 years; or
(b) had attained that age but was a full-time student at a school, college or university:
(i) there being, in the opinion of the Commission, no substantial break in the continuation of the person studies;
(ii) who was not married or in a relationship that, in the opinion of the Commission, was a de facto relationship; and
(iii) whose earnings from personal exertion (either physical or mental) in the 3 months to that time did not exceed 25% of what, in the opinion of the Commission, were the average earnings during that period of wage earners in the Territory,
shall not receive a benefit under that section except in respect of a period commencing on the date on which:
(c) the person attains the age of 15 years; or
(d) the person ceases to be a full-time student or sooner marries or enters a relationship that, in the opinion of the Commission, is a de facto relationship,
whichever is the later, and on so attaining that age, ceasing to be a full-time student or marrying or entering that relationship, as the case may be, the person shall be deemed to have suffered a reduction in earning capacity for the purposes of, and to be entitled to a benefit under, that section.
(2) Subject to subsection (3), the amount of benefit payable under section 13 to a person entitled or deemed to be entitled to receive such a benefit but who has not attained the age of 21 years and is not married is, in respect of that period while the person remains of the age indicated in Column 1 of the following Table the relevant percentage, indicated in Column 2 of the Table and set out opposite the age in Column 1, of the amount that would otherwise be payable to the person under section 13:
TABLE
Column 1 |
Column 2 |
Age |
Percentage |
15 |
40 |
16 |
55 |
17 |
60 |
18 |
70 |
19 |
80 |
20 |
90 |
(3) A person referred to in subsection (2) who:
(a) marries; or
(b) enters a relationship that, in the opinion of the Commission, is a de facto relationship; or
(c) has a child or other person primarily dependent on the person for financial support,
shall be entitled to the full amount of benefit calculated in accordance with section 13 in respect of the period commencing on the date of the marriage, establishment of the relationship or commencement of the dependence, as the case may be.