Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
eligible dependent child allowance means
compensation to which a dependant of a deceased worker is entitled under
section 134.
(2) A compensation
order for the payment of an eligible dependent child allowance must provide
for the insurer or employer to pay the amounts of eligible dependent child
allowance to WorkCover WA weekly or at other intervals specified in the order.
(3) WorkCover WA must
make periodic payments of the eligible dependent child allowance to the
dependant as specified in the compensation order but payment must not be made
in advance of a periodic payment or by way of commutation.
(4) Payment of an
eligible dependent child allowance under a compensation order must continue as
long as the dependant remains entitled to the allowance.
(5) If a
dependant’s entitlement to an eligible dependent child allowance is
based on the dependant being a full-time student, WorkCover WA may require
evidence of participation in full-time study to be provided and may withhold
payment of the allowance until that evidence is provided unless this would be
contrary to an order of an arbitrator under section 134(7) that the
dependant is entitled to continue to receive the allowance by reason of
circumstances.
(6) The liability of
an insurer or employer to make payments under this section may be fully
discharged by the payment to WorkCover WA of an amount calculated in
accordance with the regulations as being the full amount of the eligible
dependent child allowance that will be payable on the assumption that the
allowance will be payable to the dependant until the dependant attains the age
of 21 years.
(7) An application by
the insurer or employer to pay an amount in discharge of liability to make
payments under this section may be made to WorkCover WA in the approved
form when or after the compensation order is made.
(8) If an amount paid
to WorkCover WA by an employer or insurer under this section has been
credited to the Trust Account under section 494(2)(b) and the entitlement
of the dependant to the eligible dependent child allowance ends before the
amount has been exhausted by periodic payments of the allowance, any surplus
moneys standing to the credit of the Trust Account must be transferred to the
General Account.
(9) On application by
or on behalf of the claimant, an arbitrator may make an order varying the
terms of the compensation order in relation to a matter mentioned in
subsection (2) or (3).