Fact p135 - Dependent Prescribed Persons, other than Prescribed Children

135

the number of prescribed people wholly or mainly dependent on the client, other than prescribed children

Dependent Prescribed Persons, other than Prescribed Children

The number of prescribed persons wholly or mainly dependent on the client, other than prescribed children, is relevant to the operation of s 19(10) and (11) of the SRC Act.  These subsections provide for a higher “minimum earnings” amount where there are dependent prescribed children.

If there are no prescribed persons, other than prescribed children, who are wholly or mainly dependent on the client, s 19(9) does not apply in relation to one of the children and the statutory amount under s 19(8) is instead added to the “minimum earnings” amount.

The minimum amount only applies after the first 45 weeks of incapacity and if the client has no actual hours of employment during the week.  Note that, irrespective of the number of prescribed persons wholly or mainly dependent on the client, only one s 19(8) amount will be added to the client's minimum earnings amount.

Commentary is available on the following issues:

  • “prescribed person”;
  • “prescribed child”;
  • “dependent on the client”;
  • “wholly or mainly dependent”.