TAC Death benefits
When a person dies in a road or motor vehicle accident a number
of payments can be made by the Transport Accident Commission
(TAC).
Where the deceased leaves a surviving partner, the TAC can pay
benefits which include:
- a lump sum benefit based on the age of the deceased at the time
of death
- a weekly pension benefit, provided the deceased was an
'earner'
- contribution to burial expenses, and
- counselling for surviving family.
The lump sum benefit is payable where there was a genuine
domestic relationship. Generally speaking people in this
position are described as being mutually dependent, but it is
sufficient if a person is wholly or mainly or even partly dependent
on the deceased for economic support or for the care of
children.
The weekly/pension type payments are paid to a surviving partner
of a deceased who was an 'earner'.
Burial (or cremation) expenses are payable by the TAC. The
law says that the TAC is required to pay the reasonable costs of
reasonable services. We often see the Transport Accident
Commission trying to impose a figure as a maximum amount
payable. However the law states that the TAC must treat each
case on its merits and consider the request for expenses
appropriately. The TAC has recently changed this maximum
figure to $9,055 however, there is no maximum
figure in the law.
TAC can be requested to pay family counselling services which
are required as a result of the death. This is payable to the
partner of the deceased, parents, children, and brothers and
sisters of the deceased. The counselling can be provided by a
doctor, a registered psychologist, or a qualified social
worker.
Currently the TAC can pay up to a maximum of $5,320 per
family.
Dependent children but no surviving spouse
If both parents, the sole parent or a sole supporting parent die
in the accident the TAC can pay special payments to the
children. These payments can include:
- Lump sum payment which is held by State
Trustees until the children reach 18 years of age
- Pension type payment based on a rate of about
$143 per week for each dependent child aged under 16 years or up to
18 and fulltime student, and
- Education allowance of $2,430 per year until
the child reaches 18 years of age.
Want to know more?
Our team of expert TAC lawyers are happy to advise you on your
situation during a free first consultation. For advice and help
with a claim, click
here to be to be contacted by a member of our team or call
1800 810 812.