in relation to a surviving partner dependent child, S. 58(6) def. of of an earner who dies as a result of a dependent child transport accident, means a child— substituted by No. 32/1988 (a) who is dependent on the surviving s. 14(3), partner and is a child (whether or not a amended by No. 27/2001 dependent child) of the earner or is a s. 4(Sch. 2 dependent of the earner; and item 4.9). (b) who— (i) is under the age of 16 years; or (ii) has attained the age of 16 years but is under the age of 25 years and is a full-time student— but does not include a child who has a partner; S. 58(6) def. of means the amount the earner's assessed earnings the earner's calculated in accordance with the formula— assessed earnings amended by Nos 84/2000 where— s. 17, 60/2007 s. 13. A is the amount determined as the total amount that, but for the transport accident, the earner would have had the capacity to earn in employment reasonably available to the earner in view of the earner's training, skills and experience during the period of twelve months after the death of the earner, but does not include any employer superannuation contribution. S. 58(7) (7) The Commission is not liable to make payments amended by under this section to a surviving partner of an No. 27/2001 earner who dies as a result of a transport accident s. 4(Sch. 2 item 4.9). in respect of any period after an award or settlement of damages is made in respect of the death.
S. 58(6) def. of dependent child substituted by No. 32/1988 s. 14(3), amended by No. 27/2001 s. 4(Sch. 2 item 4.9). dependent child, in relation to a surviving partner of an earner who dies as a result of a transport accident, means a child— (a) who is dependent on the surviving partner and is a child (whether or not a dependent child) of the earner or is a dependent of the earner; and (b) who— (i) is under the age of 16 years; or (ii) has attained the age of 16 years but is under the age of 25 years and is a full-time student— but does not include a child who has a partner; S. 58(6) def. of the earner's assessed earnings amended by Nos 84/2000 s. 17, 60/2007 s. 13. the earner's assessed earnings means the amount calculated in accordance with the formula— where— A is the amount determined as the total amount that, but for the transport accident, the earner would have had the capacity to earn in employment reasonably available to the earner in view of the earner's training, skills and experience during the period of twelve months after the death of the earner, but does not include any employer superannuation contribution. S. 58(7) amended by No. 27/2001 s. 4(Sch. 2 item 4.9). (7) The Commission is not liable to make payments under this section to a surviving partner of an earner who dies as a result of a transport accident in respect of any period after an award or settlement of damages is made in respect of the death.
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