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4.8 Guidelines for Apportioning the Lump Sum

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It is recognised that apportioning the lump sum based on individual calculations for each claim will produce quite variable decisions between claims.  In order to produce some consistency and fairness the following guidelines should be followed:

  • Spouse: Should generally not get less than 75% of the lump sum.  If there is only a dependent spouse they will receive 100% of the lump sum.
  • Children (when there is also a spouse):
  • The sum of the compensation for all dependants other than the spouse, should generally not exceed 25% of the total of the lump sum.
  • A wholly dependent child should not receive less than 5% of the lump sum (in most situations). For example: if there are more then 6 wholly dependent children then 25% of the lump sum would be split between the 6 children. 
  • A partly dependent child should not receive more than a wholly dependent child.
  • Children (when there is no spouse):
  • A partly dependent child should not receive more than a wholly dependent child.
  • Dependants (other than a spouse or child): should not receive more than a wholly dependent child.

Despite these guidelines, delegates still have the discretion to determine the distribution of the death lump sum between dependants as they see fit.   Delegates will need to clearly outline the reasons for how the lump sum is apportioned.