Western Australian Numbered Acts Western Australian Numbered Acts (1) In this section
—
eligible dependent child , of a worker, means a
child of the worker who is a dependant of the worker and —
(a) is
under 16 years of age; or
(b) is
between 16 and 21 years of age and is a full-time student; or
(c) is
the subject of an order in force under subsection (6) or (7).
(2) A reference in
this section to a child who is between 16 and 21 years of age is a
reference to a child who has attained the age of 16 years but is under
the age of 21 years.
(3) If a worker who
suffers an injury dies as a result of the injury, each eligible dependent
child of the worker is entitled to receive an allowance (the eligible
dependent child allowance ) as compensation.
(4) The eligible
dependent child allowance is an amount per week that is the amount prescribed
by the regulations as applying at the time the allowance is paid.
(5) The eligible
dependent child allowance is in addition to, and does not affect, any
compensation under section 133 for a dependent child who is also an
eligible dependent child.
(6) An arbitrator may,
in the arbitrator’s absolute discretion, order in a compensation order
that a child who is between 16 and 21 years of age and is not a full-time
student is entitled to receive the eligible dependent child allowance by
reason of circumstances.
(7) If a dependent
child who is between 16 and 21 years of age ceases to be eligible to
receive the eligible dependent child allowance because the child is not a
full-time student, an arbitrator may on application, in the arbitrator’s
absolute discretion, order that the child is entitled to continue to receive
the eligible dependent child allowance by reason of circumstances.
(8) On application, an
arbitrator may, in the arbitrator’s absolute discretion, by a further
order revoke an order under this section.