Accident Compensation Act 2001

66 Weekly compensation for surviving spouse or partner

(1)

The Corporation is liable to pay weekly compensation to a surviving spouse or partner of a deceased claimant.

(2)

Weekly compensation payable under this clause is payable from the date of the claimant’s death at the rate of 60% of—

(a)

the weekly compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or

(b)

the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.

(3)

Subclause (2) is subject to clause 74.

(4)

The Corporation must not cancel or suspend the surviving spouse’s or partner’s weekly compensation—

(a)

because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or

(b)
[Repealed]

(c)

because of the age that the claimant would have reached if he or she had not died.

(5)

The surviving spouse or partner ceases to be entitled to weekly compensation on the latest of—

(a)

the end of 5 consecutive years from the date on which it first became payable:

(b)

the surviving spouse or partner ceasing to have the care of all of the children who are under the age of 18 years:

(c)

the youngest of the children of the deceased who is in the care of the surviving spouse or partner turning 18 years:

(d)

the surviving spouse or partner ceasing to have the care of all other dependants of the deceased claimant who were in the surviving spouse’s or partner’s care.

Compare: 1998 No 114 Schedule 1 cl 67

Schedule 1 clause 66 heading: amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(1): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(4): amended, on 26 April 2005, by section 8(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(4)(a): substituted, on 26 April 2005, by section 7 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(4)(b): repealed, on 26 April 2005, by section 7 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(5): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(5)(b): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(5)(c): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Schedule 1 clause 66(5)(c): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(5)(d): amended, on 26 April 2005, by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).

Schedule 1 clause 66(5)(d): amended, on 26 April 2005, by section 8(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).