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9.11.3 Where there is only one 'prescribed dependant'


Subsection 49(2) then provides as follows:

49(2) If the prescribed dependant is the only prescribed dependant, he or she is liable to pay to Comcare:

a)the amount of the compensation referred to in paragraph (1)(a), or

b)the amount of the damages recovered by the prescribed dependant,

whichever is the less.

Essentially, this imposes the same scheme of limitation of 'damages' as does Ss48(3).

Thus, the amount of SRCA compensation which the 'prescribed dependent' would have received (i.e. had he/she applied for it or not cancelled it via S43) is still taken into account even though this compensation entitlement was not actually received.