Victorian Current Acts Victorian Current Acts(1) In addition to compensation under section 236 or 237, 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—
(i) 95 per cent of the worker's pre-injury average weekly earnings; or
(ii) twice the State average weekly earnings—
whichever is the lesser; and
(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
(ii) if the worker leaves not more than 5 dependent children who are entitled to a pension under this section and subsection (10) applies, an amount calculated in accordance with the formula—
|
twice the State average weekly earnings |
|
where N is the number of dependent children so entitled; or
(iii) if the worker leaves more than 5 dependent children who are entitled to a pension under this section and subsection (10) applies, two thirds 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—
(i) 95 per cent of the worker's pre-injury average weekly earnings; or
(ii) twice the State average weekly earnings—
whichever is the lesser; and
(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
(ii) if the worker leaves not more than 5 dependent children who are entitled to a pension under this section and subsection (10) applies, an amount calculated in accordance with the formula—
|
twice the State average weekly earnings |
|
where N is the number of dependent children so entitled; or
(iii) if the worker leaves more than 5 dependent children who are entitled to a pension under this section and subsection (10) applies, two thirds 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—
(a) during the first 13 weeks after the death or until the orphan child ceases to be eligible, whichever first occurs—
(i) 95 per cent of the worker's pre-injury average weekly earnings; or
(ii) twice the State average weekly earnings—
whichever is the lesser; and
(b) if still eligible, from the end of the first 13 weeks after the death until the orphan child ceases to be eligible—
(i) 50 per cent of the worker's pre-injury average weekly earnings; or
(ii) twice the State average weekly earnings—
whichever is the lesser.
(5) If the worker leaves no dependent children other than 2 or more orphan children, each such child is entitled, subject to this section, to a weekly pension at the rate of an equal share of—
(a) during the first 13 weeks after the death or until the orphan child ceases to be eligible, whichever first occurs—
(i) 95 per cent of the worker's pre-injury average weekly earnings; or
(ii) twice the State average weekly earnings—
whichever is the lesser; and
(b) if still eligible, from the end of the first 13 weeks after the death until the orphan child ceases to be eligible—
(i) 50 per cent of the worker's pre-injury average weekly earnings; or
(ii) twice the State average weekly earnings—
whichever is the lesser.
(6) If the worker leaves not more than 5 dependent children, each such child is entitled, from the end of the first 13 weeks after the death until the child ceases to be eligible, to a weekly pension at the rate of—
(a) unless subsection (10) applies, 5 per cent of the worker's pre-injury average weekly earnings; or
(b) if subsection (10) applies, an amount calculated in accordance with the formula—
|
twice the State average weekly earnings |
|
where N is the number of dependent children so entitled.
(7) If a worker leaves more than 5 dependent children, each such child is entitled, from the end of the first 13 weeks after the death until the child ceases to be eligible, to a weekly pension at the rate of an equal share of—
(a) unless subsection (10) applies, 25 per cent of the worker's pre-injury average weekly earnings; or
(b) if subsection (10) applies, one third of twice the State average weekly earnings.
(8) A child ceases to be eligible under this section—
(a) on attaining the age of 16 years; or
S. 241(8)(ab) inserted by No. 10/2022 s. 72.
(ab) if the child has a disability within the meaning of section 3(1) of the Disability Act 2006 , on attaining the age of 25 years; or
(b) if the child is a full-time student or a full‑time apprentice on attaining 16 years, whichever of the following occurs first—
(i) on ceasing to be a full-time student or full-time apprentice; or
(ii) the child attains the age of 25 years.
(9) For the purposes of subsection (8)(b)—
(a) a child does not cease to be a full-time student or a full-time apprentice if that child ceases to be a student in order to become an apprentice;
(b) a child does not cease to be a full-time student or a full-time apprentice if that child ceases to be an apprentice in order to become a student;
(c) if a child attains the age of 25 years before ceasing to be a full-time student or full-time apprentice, the child remains eligible under this section until the end of the calendar year in which the child attains the age of 25.
(10) The total amount of weekly pensions payable to the dependent partner, dependent partners and the dependent child or dependent children, of a worker under—
(a) subsections (2)(b) and (6) or (7); or
(b) subsections (3)(b) and (6) or (7)—
must not exceed twice the State average weekly earnings.
