6.1.4.3 Lump sum payment
6.1.4.3.1 Current lump sum amounts
When liability and dependency have been accepted, dependants have an entitlement to a lump sum payment. If it is established that there is a dependent partner and/or child no other person is entitled to a lump sum.
Agent determines entitlements
For dependency claims where there are no unrepresented dependents, persons under a disability, minors or unborn children, the Agent determines who is a dependent and how the lump sum is to be distributed to the dependent/s in accordance with the legislation.
Court determines entitlements
The Magistrates’ Court or County Court determines who is a dependent and how the lump sum is to be distributed to the dependent/s in accordance with the legislation for all claims where there are unrepresented dependents, persons under a disability, minors or unborn children. The Magistrates’ Court or County Court will also determine any disputed claims.
The amount of the lump sum is calculated in accordance with the legislation.
For the current schedule of lump sum entitlements and for amounts payable for deaths that occurred before 1 July 2007 – see: Indexation of entitlements.
Payments to a child under 18
Payment of lump sums to a child under 18 must be paid to a trustee appointed by the court.
Deductions before payment - Taxation
Lump sum payments are not subject to taxation laws and as such no deductions are made.
Deductions before payment - Centrelink
Lump sum payment following the death of a worker is an exempt payment under the Social Security Act 1991 (Cth). No deductions are made from the payment.
See: Centrelink payments