Certain dependent children 18 to 25 years

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Read excerpts from the WCB’s governing legislation on compensation for certain dependent children aged 18 to 25 of a worker who died from a workplace injury.

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Compensation to dependants

Certain dependent children 18 to 25 years

83 (1) Subject to subsections (2) to (7), each dependent child of a deceased worker who is at least 18 years of age and in full-time attendance at a secondary or post-secondary institution is to be paid:

  1. a monthly allowance in an amount determined in accordance with subsections (4) and (5);
  2. in the case of attendance at a post-secondary institution, the cost of tuition and other required fees; and
  3. the cost of any required books.

(2) No amount is payable pursuant to subsection (1) after the later of:

  1. the day on which the dependent child reaches the age of 25 years; and
  2. the last month in the school term in which the dependent child reaches the age of 25 years.

(3) The amounts described in subsection (1) are payable for a maximum of three years.

(4) Subject to subsection (5), the amount of the monthly allowance mentioned in clause (1)(a) is $376.61 in 2013, adjusted annually by the percentage increase in the Consumer Price Index.

(5) For the purposes of subsection (4), the percentage increase in the Consumer Price Index must be the percentage increase for the 12 months ending on November 30 in each year, and that percentage increase must be applied to determine the monthly allowance for the year following the year in which the calculation is made.

(6) If the board is paying an allowance pursuant to subsection (1), the board may increase the monthly allowance to an amount that it considers fair and just.

(7) Notwithstanding subsection (1), if the amount of compensation payable pursuant to section 85 with respect to any child to whom subsection (1) applies is greater than the amount payable pursuant to subsection (1), the board shall pay that greater amount.

Other relevant sections from The Workers’ Compensation Act, 2013:

Compensation to dependants

Compensation and expenses payable on death of worker – Section 80

Surviving dependent spouse  – Section 81

If dependants do not live together  – Section 82

Adopting parent, etc., of dependent children  – Section 84

If there are only dependent children  – Section 85

Other dependants  – Section 86

Partial dependency  – Section 87

Proof of necessities, etc.  – Section 88

General

Compensation reduced by certain benefits under Canada Pension Plan  – Section 95

Other benefits to be taken into account  – Section 96

If worker or dependant under legal disability  – Section 97

Board may fix periods of payment – Section 98

Suspension of payment  – Section 99

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