Workmen’S Compensation Act · 1984 Revised Edition · Part II · Workman'S Compensation for Injury
Section 7
Official textFrom Attorney General's Chambers, unchanged
The compensation shall be payable to or for the benefit of the workman, or, where death results from the injury, to or for the benefit of his dependants as provided by this Act.
Where there are both total and partial depen-dants nothing in this Act shall be construed as preventing the compensation from being apportioned partly to the total and partly to the partial dependants.
Where a dependant dies before a claim under this Act is made, or, if a claim has been made, before an
dependant
"dependant" means any member of the family of a workman who was wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity due to the accident have been so dependent, and where the workman-Interpreta- tion 7 Workmen's Compensation (a) being the parent or grandparent of a child born out of wedlock, leaves such child so depen-dent upon his earnings, or (b) being a child born out of wedlock leaves a parent or grandparent so dependent upon his earnmgs, or (c) being divorced leaves a divorced wife so de-pendent upon his earnings shall include such child, parent, grandparent or divorced wife respectively: Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessities of life suitable for persons in his class and position: And provided further that where on application being made by a woman the Commissioner is sa-tisfied after due enquiry under section 10 (5) of this Act that - (a) such woman and the deceased were living together as man and wife at the time of the acci-dent; and (b) such woman was wholly or in part depen-dent on the earnings of the deceased at the time of his death or would but for the incapacity due to the accident have been so dependent, the Commissioner may deem such woman to be a dependant for the purposes of this Act. - - - ·- Workmen's Compensatio'!
Persons enti-tled to com-pensation
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Workmen's Compensation agreement or award has been arrived at or made, the legal personal representative of the dependant shall have no right to payment of compensation, and the amount of compensa-tion shaH be calculated and apportioned as if that dependant had died before the workman.
Terms defined in s 3
dependant
Defined · s 3"dependant" means any member of the family of a workman who was wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity due to the accident have been so dependent, and where the workman-Interpreta- tion 7 Workmen's Compensation (a) being the parent or grandparent of a child born out of wedlock, leaves such child so depen-dent upon his earnings, or (b) being a child born out of wedlock leaves a parent or grandparent so dependent upon his earnmgs, or (c) being divorced leaves a divorced wife so de-pendent upon his earnings shall include such child, parent, grandparent or divorced wife respectively: Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessities of life suitable for persons in his class and position: And provided further that where on application being made by a woman the Commissioner is sa-tisfied after due enquiry under section 10 (5) of this Act that - (a) such woman and the deceased were living together as man and wife at the time of the acci-dent; and (b) such woman was wholly or in part depen-dent on the earnings of the deceased at the time of his death or would but for the incapacity due to the accident have been so dependent, the Commissioner may deem such woman to be a dependant for the purposes of this Act. - - - ·- Workmen's Compensatio'!