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7.6.2 Claims by or on behalf of Deceased Dependant of Deceased member or former member

Survival of Claims After Death of Claimant

Where an amount of compensation for death has been assessed, but not paid prior to the death of the dependant (for example, a claim by a wholly dependent partner or an eligible young person) this entitlement is not cancelled by the death of the dependant.

Delegates should pay any amounts of compensation still outstanding to the deceased dependant's designated executor or legally appointed administrator of the estate and not to any other person including those purporting to have a claim on that person's estate.

Survival of Right to Claim after Death

Where a wholly dependent partner or other dependant entitled to make a claim in relation to a member's death dies without making a claim, the person's legal personal representative may make a claim with any compensation being made to the dependant's estate, as set out in subsections 321(3) and (4).