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1.4 Other compensation: claimed and determined but not paid prior to the death of a member or former member - S111 of SRCA


Section 111 of the SRCA provides that where an amount of compensation for injury or disease has been assessed and determined but not paid prior to the death (for instance, a permanent impairment lump sum, a back-payment of incapacity benefits or treatment costs, etc) this entitlement is not cancelled by the death. The money must still be paid and forms part of the estate of that deceased person.

Delegates should pay any amounts of compensation still outstanding (i.e. for the injury or disease only) to the client's designated executor or legally appointed administrator of the estate and not to any other person including dependants (unless they are the executor or administrator of the estate) and those purporting to have a claim on the deceased's estate.

If there is outstanding compensation for injury or disease owing to a person who dies intestate and there is no other person entitled to claim the deceased's estate, the money would be repaid to the Commonwealth. Alternatively, a delegate may reverse the original determination that compensation was payable, by means of a 'reconsideration on own motion' under S62 of the SRCA.