Victorian Current Acts Victorian Current Acts(1) If a person dies as a result of an accident within the period of two years after the date of the accident and a dependent child of that deceased person before the commencement of this section made an application under the repealed Act or makes a claim under Part 4 for a payment under this section or the corresponding provision of the repealed Act, the Commission must, subject to this Act, pay to the dependent child such one of the following amounts as is appropriate:
S. 143(1)(a) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).
(a) If that child is under the age of sixteen years and there is no dependent partner of the deceased person—an amount calculated in accordance with the formula—
; or
S. 143(1)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).
(b) If that child is under the age of sixteen years and there is a dependent partner of the deceased person—an amount calculated in accordance with the formula—
; or
S. 143(1)(c) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).
(c) If that child has attained the age of sixteen years and there is no dependent partner of the deceased person—an amount calculated in accordance with the formula—
; or
S. 143(1)(d) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).
(d) If that child has attained the
age of sixteen years and there is a dependent partner of the deceased
person—an amount calculated in accordance with the formula 
.
(2) For the purposes of subsection (1)—
(a) D is the amount that would have been payable (or that would but for the operation of section 139 have been payable) to the deceased person under section 141 had that deceased person—
(i) survived the accident for at least a period of two years; and
(ii) suffered by reason of the accident, in the opinion of the Commission, a deprivation of earning capacity (if any) throughout that period of two years; and
(b) E is the amount of any payment made to the deceased person prior to death pursuant to section 141; and
(c) N is the number of dependent children of the deceased person or, where there are less than three such children the number 3; and
(d) A is the income of the deceased person during whichever of the following periods the Commission selects—
(i) the period of twelve months or such shorter period as the Commission determines ending on the date on which the deceased person died; or
(ii) the period of twelve months ending on the 30 June last before the date on which the deceased person died; and
(e) V is the aggregate of the income of the deceased person and the dependent child during the period used in calculating A; and
(f) W is the amount that would have been payable to the dependent child under subsection (1)(c) had there been no dependent spouse of the deceased person.
(3) If the Commission determines to make a payment under this section to a dependent child of a deceased person, the payment may be made to the child or to such person on behalf of the child as the Commission determines.
S. 144 amended by No. 27/2001 s. 4(Sch. 2 item 4.15).