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7.8.4 Additional Compensation Following Death
Where liability for the member's death has been accepted, a wholly dependent partner also receives an additional compensation payment as a tax-free lump sum.
For a wholly dependent partner to be entitled to the additional compensation following death, it is not sufficient for the member to:
- have met the criteria for the SRDP at some time in his or her life; or
- have had permanent impairment assessed as being 80 impairment points or more immediately before death.
If the member was in one of these two categories, the Commission must accept liability for the death, i.e. that the death was related to service in order for the additional compensation payment following death to be payable (all other compensation payable to the wholly dependent partner does not require a finding of liability).
The additional compensation payment following death is payable under MRCA section 234 (1) (a);
"if the Commission has accepted liability for the member's death - the amount of the lump sum mentioned in subsection (2)"
The payment is calculated using the formula under s234 (2), and is based on the age of the wholly dependent partner, with the maximum amount being paid up to the age of 40, after which age it decreases. The amount of additional compensation is determined by using tables provided by the Australian Government Actuary and is calculated using the rate of additional compensation following death payable on the date of death. See CLIK for the rate currently payable via the Compensation and Support Reference Library.
Karen (see example in 7.8.3) is entitled to the additional compensation payment following death because the MRCC has accepted liability for Jeff's death. To reiterate, Jeff died on 2 April 2010. This date determines the maximum rate of additional compensation following death payable. Karen was 32 on the date of death, so the relevant age for calculating her benefit is 33. This means that she is entitled to the maximum additional compensation payment.
The maximum amount of additional compensation following death can be found in CLIK. This amount is indexed to CPI.