Section Sch1-71 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Weekly compensation for other dependants

71 Weekly compensation for other dependants (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant. (2) Compensation payable under this clause is payable from the date of the claimant's death at the rate of 20% of— (a) the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or (b) the compensation for loss of potential earning capacity to which the claimant would have been entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated. (3) Subclause (2) is subject to clause 74 . (4) The Corporation must not cancel or suspend the other dependant's weekly compensation because of the age that the claimant would have reached if he or she had not died. (5) The other dependant ceases to be entitled to weekly compensation on the earlier of the following: (a) the other dependant has or will have, over a period of 12 months, average earnings per week greater than the minimum weekly earnings as determined under clause 42(3) : (b) if clause 72 applies to the other dependant, the event occurs under that clause that ends the other dependant's entitlement to weekly compensation. Compare: 1998 No 114 Schedule 1 cl 71