5.1 Determining Death Benefits under the 1971 Act

Determination and payment of death benefits under Section 43 of the 1971 Act has been discussed briefly at 1.8 of this chapter of the Handbook. Essentially, the provisions of the 1971 Act with respect to death, resemble those of the SRCA and the procedures are very similar.

Delegates should therefore apply the procedures applicable to death payments under the SRCA (i.e. identification of dependants and of degree of dependency, calculation of shares etc.) with the exception of the following points specific to the 1971 Act:

• No Additional Death Benefit is payable (ADB commenced only on and from 10 June 1997).
• Those who will have been children under the 1971 Act will now be adults but the child weekly benefit payable for a death under that Act is payable retrospectively, i.e. consolidated into a lump sum.

Where:

A = Number of weeks between date of employees death and date when child ceased full time study

B = Specified payment per week under S43(5) of the 1971 Act

The amount now payable is to be calculated as:

(A x B)

or

minimum total child payment under S43(7)(b),

whichever is the greater.

• Naturally lump sum portions payable to children of the deceased are not to be placed into trust but paid direct to the entitled person. The 'child' is now an adult.
• Delegates should use the last rate of compensation payment issued by the Commission before repeal of the Act (i.e. disregarding the year in which the death occurred, all 1971 Act cases determined today are to be paid at the same rates, viz:

• Death lump sum for division               $59,980
• Dependent child payment              $24.00 per week
• Minimum level, total child payments              $2,400
• Maximum payment, funeral expenses              $1,550