Presumed Dependency

While dependence is defined by the Act in section 4, it also clearly defines how whole or partial dependency applies.

In general terms, section 4 (5) provides a presumption of dependency on the employee under certain circumstances:

where the partner/children lived with the employee at the date of death.

This situation will apply in most circumstances.

However, there may be situations where other dependants are eligible to also make claims under section 17.

Because of the broad nature of legislative cover for dependants, both ex-spouse and de facto spouse have been known to apply for lump sum payments.

In the first instance, the degree of economic support provided for all dependants by the employee must be established.

This can be divided into whole and partial dependency.

Example

The de facto spouse of a deceased employee lodges a claim for death benefits.

Concurrently, the employee's ex-wife and child also lodge claims.

The de facto contends she was wholly dependent on the employee for economic support.

Both the ex-wife and daughter contend they were partially dependent on the employee, as he paid between $275 and $300 per fortnight to a bank account for both his wife and daughter.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-six-death-claims/part-two-payments-death-claims/payments-dependants/presumed-dependency