If you lose a loved one in a motor vehicle accident, the Transport Accident Commission (TAC) has a number of benefits that surviving partners, child dependents and guardians can access.

If the deceased person was married or in a de facto relationship, dependency benefits will be paid, in the first instance, to that partner. If the deceased person had children and was the only surviving parent of those children, dependency benefits may also be payable to the children.

What benefits are available for adult dependents?

  1. Payment of funeral and monument expenses (up to a capped amount adjusted annually).
  2. Support with family counselling. This benefit is available to the spouse or partner, parents, children, grandparents and brothers and sisters of the person who has died.
  3. Support for a dependent spouse or partner. The TAC can pay a one-off lump sum payment. The amount that will be paid will depend on the person’s age, family circumstances and any other lump sum payments that may have been received.

Along with the one-off lump sum benefit, the TAC can pay a fortnightly “pension” benefit. The amount of this benefit is dependent on how much the deceased was earning prior to the accident. If they were employed and providing financial support to the family, the TAC will pay 80% of the deceased’s earnings (up to a capped amount).

Further, if the deceased was caring for children or responsible for household duties, the TAC can pay for home support such as childcare and household assistance.

What benefits are available for children of the deceased?

If a child’s surviving parent or sole parent passes away in a motor vehicle accident, the Transport Accident Commission (TAC) will pay several entitlements.

A dependent child is defined as a child who is under 16 years of age or aged 16-25 years and a full-time student. This does not include a child who has a spouse or a partner.

These entitlements include;

  1. Travel and accommodation expenses for the children to attend a funeral, burial or cremation.
  2. Lump sum payment – The TAC will pay a one-off lump sum payment to be shared equally with the dependent children. This money will be held by the State Trustees until the child reaches 18 years of age.
  3. Fortnightly payment – The TAC will pay a fortnightly allowance per week to the legal guardian for any dependent children up to 16 years of age or aged 16-25 years and a full-time student.
  4. Education allowance – The TAC will pay an education allowance each year, to the legal guardian of the surviving children whilst they are a full-time student, up until 18 years of age.

How can Guardian Injury Law help?

Guardian Injury Law is here to provide clear legal advice in plain English so that you can understand the various entitlements available to you and your loved ones when a family member passes away.

We can assist you in lodging the various claims to ensure that you receive the maximum compensation available to make life a little easier in difficult times.

Contact Guardian Injury Law

1300 700 761 enquiries@guardianinjurylaw.com.au

Your first interview is free so it costs you nothing to find out where you stand.

Learn More