Acts and Regulations

W-13 - Workers’ Compensation Act

Section 38.8
Disposition versions

Full text
Dependant surviving spouse and child
38.8(1)Where a dependent surviving spouse or other dependent was in receipt of survivors’ benefits or was eligible for survivors’ benefits under this Part immediately before the coming into force of this section, survivors’ benefits shall be payable to him or her as set out in this section.
38.8(1.1)Where a dependent child would have qualified under subsection (1) but for the fact that immediately before the coming into force of subsection (1) the child was not attending school on a full-time basis, and that child subsequently returns to attend school on a full-time basis, benefits shall be payable as set out in this section.
38.8(1.2)Subsection (1.1) shall be deemed to have come into force on January 1, 1982, and in any case to which subsection (1.1) applies payments shall be made by the Commission notwithstanding section 16.
38.8(2)The Commission shall pay to a dependent surviving spouse described in subsection (1) an amount equal to forty per cent of the New Brunswick Industrial Aggregate Earnings, in addition to any amount payable under subsection (3), and that amount shall be adjusted each year as of the anniversary date of the death of the worker.
38.8(3)Benefits payable to a surviving spouse or guardian for the benefit of a dependent child described in subsection (1) or (1.1) shall be as follows:
(a) for a child up to but not including seven years of age, an amount equal to ten per cent of the New Brunswick Industrial Aggregate Earnings,
(b) for a child of seven years to and including thirteen years of age, an amount equal to twelve and one-half per cent of the New Brunswick Industrial Aggregate Earnings,
(c) for a child of fourteen years to and including seventeen years of age, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and
(d) for a child of eighteen years to and including twenty-one years of age, where that child is attending school on a full-time basis, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
38.8(4)Adjustments in the benefits payable under subsection (3) due to a change in the child’s age shall become effective the month following the child’s anniversary month.
38.8(5)Where benefits are payable for a child of sixteen years of age or more under subsection (3), the Commission, in its discretion, may pay directly to the child, in whole or in part, the benefits payable under that subsection.
38.8(6)Benefits shall be payable without regard to age to a dependent invalid child who was in receipt of benefits or was eligible for benefits before the coming into force of this section, at a rate reasonable and proportionate to the pecuniary loss to the dependent on a scale to be determined by the Commission, having in view the scale of payments laid down in subsections (2) and (3), but the annual amount paid by the Commission shall not be less than fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and payments to such child shall continue during the lifetime of the child or until he ceases to be an invalid or dependent.
38.8(7)Repealed: 1998, c.4, s.11
38.8(8)Repealed: 1998, c.4, s.11
38.8(9)Where a dependent of the deceased worker other than a dependent surviving spouse under subsection (2) or a child under subsection (3) or (6), was in receipt of benefits or was eligible for survivors’ benefits before the coming into force of this section, the Commission shall continue to pay benefits to the dependent
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependent, on a scale to be determined by the Commission, having in view the scale of payments laid down in subsections (2), (3) and (6), and
(b) only so long as in the opinion of the Commission, it might reasonably have been expected had the worker lived he would have continued to contribute to the support of the dependent.
1981, c.80, s.15; 1984, c.34, s.3; 1985, c.38, s.8; 1989, c.65, s.14; 1994, c.70, s.12; 1998, c.4, s.11; 2000, c.49, s.3; 2008, c.45, s.43
Dependant surviving spouse and child
38.8(1)Where a dependent surviving spouse or other dependent was in receipt of survivors’ benefits or was eligible for survivors’ benefits under this Part immediately before the coming into force of this section, survivors’ benefits shall be payable to him as set out in this section.
38.8(1.1)Where a dependent child would have qualified under subsection (1) but for the fact that immediately before the coming into force of subsection (1) the child was not attending school on a full-time basis, and that child subsequently returns to attend school on a full-time basis, benefits shall be payable as set out in this section.
38.8(1.2)Subsection (1.1) shall be deemed to have come into force on January 1, 1982, and in any case to which subsection (1.1) applies payments shall be made by the Commission notwithstanding section 16.
38.8(2)The Commission shall pay to a dependent surviving spouse described in subsection (1) an amount equal to forty per cent of the New Brunswick Industrial Aggregate Earnings, in addition to any amount payable under subsection (3), and that amount shall be adjusted each year as of the anniversary date of the death of the worker.
38.8(3)Benefits payable to a surviving spouse or guardian for the benefit of a dependent child described in subsection (1) or (1.1) shall be as follows:
(a) for a child up to but not including seven years of age, an amount equal to ten per cent of the New Brunswick Industrial Aggregate Earnings,
(b) for a child of seven years to and including thirteen years of age, an amount equal to twelve and one-half per cent of the New Brunswick Industrial Aggregate Earnings,
(c) for a child of fourteen years to and including seventeen years of age, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and
(d) for a child of eighteen years to and including twenty-one years of age, where that child is attending school on a full-time basis, an amount equal to fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
38.8(4)Adjustments in the benefits payable under subsection (3) due to a change in the child’s age shall become effective the month following the child’s anniversary month.
38.8(5)Where benefits are payable for a child of sixteen years of age or more under subsection (3), the Commission, in its discretion, may pay directly to the child, in whole or in part, the benefits payable under that subsection.
38.8(6)Benefits shall be payable without regard to age to a dependent invalid child who was in receipt of benefits or was eligible for benefits before the coming into force of this section, at a rate reasonable and proportionate to the pecuniary loss to the dependent on a scale to be determined by the Commission, having in view the scale of payments laid down in subsections (2) and (3), but the annual amount paid by the Commission shall not be less than fifteen per cent of the New Brunswick Industrial Aggregate Earnings, and payments to such child shall continue during the lifetime of the child or until he ceases to be an invalid or dependent.
38.8(7)Repealed: 1998, c.4, s.11
38.8(8)Repealed: 1998, c.4, s.11
38.8(9)Where a dependent of the deceased worker other than a dependent surviving spouse under subsection (2) or a child under subsection (3) or (6), was in receipt of benefits or was eligible for survivors’ benefits before the coming into force of this section, the Commission shall continue to pay benefits to the dependent
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependent, on a scale to be determined by the Commission, having in view the scale of payments laid down in subsections (2), (3) and (6), and
(b) only so long as in the opinion of the Commission, it might reasonably have been expected had the worker lived he would have continued to contribute to the support of the dependent.
1981, c.80, s.15; 1984, c.34, s.3; 1985, c.38, s.8; 1989, c.65, s.14; 1994, c.70, s.12; 1998, c.4, s.11; 2000, c.49, s.3