Accident Compensation Act 2001

Transitional provisions relating to entitlements provided by Corporation (but not under Part 10) - Entitlements arising from fatal injuries

383: Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance Act 1998

You could also call this:

“Money for families of people who died before April 2002”

If you were the spouse, partner, child, or someone else who depended on a person who died before 1 April 2002, you might have been getting money from the government. This money was to help you because the person you depended on had died. The law says you can keep getting this money.

The amount of money you get will stay the same as it was before. It will be paid to you as if it was worked out using the new rules.

If you’re a spouse or partner, you’ll stop getting the money when the rules say you should stop getting it. The same goes for children and other people who depended on the person who died. The rules say when the money should stop for each type of person.

For spouses and partners, there are special rules that decide when the money stops. For children, there’s a different rule. And for other people who depended on the person who died, there are other rules that say when their money stops.

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382: Survivor's grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002, or

"Money for families when someone died from an injury before April 2002"


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384: Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts, or

"Money for people whose husband or wife died before April 2002"

Part 11 Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Entitlements arising from fatal injuries

383Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance Act 1998

  1. This section applies if, immediately before 1 April 2002, any spouse or partner, child, or other dependant of a deceased person was entitled to compensation under section 445(1) and (2) or clauses 67 to 75 of Schedule 1 of the Accident Insurance Act 1998.

  2. The compensation continues to be payable and to be paid as if it had been calculated under Part 4 of Schedule 1.

  3. Compensation payable to a surviving spouse or partner ceases on the date it would cease if clauses 66 to 69 of Schedule 1 applied to the spouse or partner.

  4. Compensation payable to a child ceases on the date it would cease if clause 70 of Schedule 1 applied to the child.

  5. Compensation payable to any other dependant ceases on the date it would cease if clauses 71 to 73 of Schedule 1 applied to the dependant.

Notes
  • Section 383 heading: amended, on , by section 8(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
  • Section 383(1): amended, on , by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
  • Section 383(3): amended, on , by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).
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