6.1.5.1 Immediate Support payments
6.1.5.1.1 Circumstances where Immediate Support payments may be considered | 6.1.5.1.2 Circumstances where Immediate Support payments cannot be considered | 6.1.5.1.3 Minimal information requirements | 6.1.5.1.4 Types of Immediate Support payments | 6.1.5.1.5 Transition to a standard death claim
Note: For the purposes of this section, references to ‘Immediate Support payments’ refers to provisional payments under the legislation.
Agents and Self-insurers have discretion to make certain payment/s as a result of a death of a worker immediately following the death if it appears that a person may be entitled to compensation. Provisional payments that may be considered are:
- weekly pension to the partner of the deceased worker (or their court-appointed trustee if applicable) for a period up to 26 consecutive weeks from the worker’s date of death
-
medical and other costs up to a maximum amount (indexed annually)
-
the cost of family counselling, therapy and other support services where applicable up to a maximum amount (indexed annually)
-
the costs of the deceased worker’s burial or cremation, including repatriation if required, up to the maximum amount, as published by WorkSafe from time to time
-
the reasonable travelling and accommodation expenses for immediate family members In relation to a work-related: • severe injury for which immediate inpatient treatment in hospital is received • eligible progressive disease • fatal injury a ‘family member’ means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner. Note: this definition is not the same as a close family member., in specific circumstances, to attend the deceased worker's burial or cremation, up to a maximum amount (indexed annually).
-
forensic cleaning of the home of the deceased worker or their family member In relation to a work-related: • severe injury for which immediate inpatient treatment in hospital is received • eligible progressive disease • fatal injury a ‘family member’ means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner. Note: this definition is not the same as a close family member., up to the reasonable amount as determined by WorkSafe.
Applying for Immediate Support payments
Immediate Support payments can only be considered for deaths that occur on or after 5 April 2010.
Immediate Support payment of reasonable travelling and accommodation expenses for immediate family members can only be considered for claim received on or after 26 September 2018.
An application or request for Immediate Support payments does not require an actual claim form.
A decision to make an Immediate Support payment is not:
-
an admission of liability to pay compensation under the legislation
-
to be regarded as payment of compensation under the legislation (unless the claim is subsequently accepted).
An Immediate Support payment decision cannot be referred to the WIC Workplace Injury Commission or a Court for review.
Employer threshold
The employer excess does not apply to Immediate Support payments.
Discharge of payment
If an Immediate Support payment has been made and liability to pay compensation is later accepted, then the liability of WorkSafe to pay compensation in the form of weekly pensions to a dependent partner and medical and like costs shall be discharged to the extent that such payments or costs were paid as a provisional payment.
Disputing a decision
If insufficient evidence has been provided to satisfy the question of dependency on an Immediate Support basis, the Agent or Self-insurer must advise the applicant of this outcome in writing and offer support to access other financial support.
The decision to make an Immediate Support payment is discretionary and under the legislation, cannot be reviewed by either the WIC or a Court.