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1.15 Certain persons Deemed to be Wholly or Partly Dependent


Subsection 4(4) of the SRCA provides that:

For the purposes of this Act, a person shall be taken to have been wholly or partly dependent on an employee at the date of the employee's death if the person would have been so dependent but for an incapacity of the employee that resulted from an injury.

The provision at 4(4) would generally apply where the employee formerly – i.e. when in good health – supported one of the family members named in the definition of 'dependant' at S4(1) but had to cease that financial support due to loss of income or additional expenses occasioned by the effects of a compensable ailment (i.e. usually, but not necessarily, the condition which eventually proved fatal).

In such a case, that family member who had formerly been supported when the client was financially able, would be deemed to have remained wholly or partly dependent at the time of death.

This deeming provision, unlike the deeming provision described in 1.13 above, applies to all dependants to whom subsection 4(4) applies, not just to partners and prescribed children of the deceased.