| (1) | If an employee dies as a result of an injury caused by an accident, compensation shall be payable as follows: |
| (a) | If the employee leaves a dependant referred to in paragraph (a), (b) or (c) of the definition of "dependant of an employee" in section 1 (in this section referred to as the "widow or widower"), and there are no children, a lump sum as set out in item 6 of Schedule 4 and a monthly pension as set out in item 7 of Schedule 4; |
[Section 54(1)(a) substituted by section 21(a)of Act No. 61 of 1997]
| (b) | If the employee leaves a widow or widower and a child referred to in paragraph (d) of the said definition, compensation to the widow or widower calculated in accordance with paragraph (a) of this subsection, and in respect of the child a pension calculated in accordance with paragraph (c) of this subsection: Provided that any pension payable in terms of this paragraph shall not in all exceed the pension for 100 per cent permanent disablement which would have been payable to the employee under section 49(1); |
[Words preceding the proviso to section 52(1)(b) substituted by section 21(b) of Act No. 61 of 1997]
| (c) | if the employee leaves a child referred to in paragraph (d) of the said definition, or a child referred to in paragraph (e) of the said definition who in the opinion of the Director-General is unable to earn an income owing to a physical or mental disability, a pension as set out in item 8 of Schedule 4: Provided that— |
[Words preceding the proviso to section 52(1)(c) substituted by section 21(c) of Act No. 61 of 1997]
| (i) | if the employee at the time of his death does not leave a widow or widower or where such a widow or widower later dies, the aggregate amount of the pensions payable in terms of this paragraph may, in the discretion of the Director-General and subject to review by him from time to time, be increased by an amount not exceeding the pension which is or would have been payable in terms of paragraph (a) of this subsection to the widow or widower; |
| (ii) | the pension payable in terms of this paragraph shall not in all exceed the pension which would have been awarded to the employee under section 49(1) in the case of 100 per cent permanent disablement; |
| (iii) | any increase or reduction of a pension in terms of this proviso shall be calculated in such manner as the Director-General may deem equitable, and the amount and manner of awarding may be reviewed by him from time to time; |
| (iv) | the pension payable to a child referred to in paragraph (d) of the said definition shall lapse at the end of the month in which such child reaches the age of 18 years, except where such child is unable to earn an income owing to a physical or mental disability, or dies or marries before reaching the age of 18 years, or until the child completes secondary education, or while the child is undergoing tertiary education and it could reasonably have been expected that the employee would have contributed to the maintenance of that child, whichever occurs last; |
[Section 54(1)(c)(iv) substituted by section 21(d) of Act No. 61 of 1997]
| (v) | the pension payable to a child referred to in paragraph (d) or (e) of the said definition who is unable to earn an income owing to a physical or mental disability, shall cease on a date determined by the Director-General when in his or her opinion it may reasonably have been expected that the employee would no longer have contributed towards the maintenance of that child; |
[Section 54(1)(c)(v) substituted by section 21(d) of Act No. 61 of 1997]
| (d) | if the employee leaves no dependants referred to in paragraph (a), (b) or (c) of this subsection but a dependant referred to in paragraph (e) of the said definition, excluding a child over the age of 18 years who is unable to earn an income owing to a physical or mental disability, and— |
| (i) | who is wholly financially dependant upon the employee, a monthly pension which in all shall not amount to more than 40 per cent of the pension which would have been payable to the employee under section 49(1) for 100 per cent permanent disablement, for so long as in the opinion of the Director-General it may reasonably have been expected that the employee would have contributed to the maintenance of that person; or |
| (ii) | who was partly financially dependant upon the employee and there is no dependant as contemplated in subparagraph (i), a lump sum as set out in item 9 of Schedule 4. |
[Section 54(1)(d) substituted by section 21(e) of Act No. 61 of 1997]
| (e) | [Section 54(1)(e) deleted by section 21(g) of Act No. 61 of 1997]. |
| (2) | The Director-General may pay out of the compensation fund such amount as he may deem reasonable, within the limits set out in item 10 of Schedule 4, for the funeral costs of an employee or direct the employer individually liable or mutual association concerned, as the case may be, to pay such costs. |
| (3) | No amount shall be deducted from the compensation awarded in terms of this section to a dependant in respect of any compensation awarded to the employee himself in respect of the same or any other accident. |
| (4) | A pension payable to a widow or widower in terms of this section shall lapse on the last day of the month in which she or he dies. |
| (5) | If an employee leaves two or more dependants referred to in paragraph (b), (d) or (e) of the definition of "dependant of an employee" in section 1— |
| (a) | the compensation payable to the dependants shall, notwithstanding the provisions of this section, be awarded in such manner as the Director-General may determine: Provided that the compensation payable in all shall not exceed the lump sum and pension which would have been payable in terms of this section if such employee had left only one such dependant; |
| (b) | the Director-General may, if one of the dependants referred to in the said paragraph (b) dies, allocate the pension which was payable to that dependant to the children, if any, of such dependant or, if there are no children, to the other dependant or dependants referred to in the said paragraph (b). |
| (6) | For the purposes of this section a dependant referred to in paragraph (a), (b) or (d) of the definition of "dependant of an employee" in section 1 shall be deemed to have been wholly financially dependent upon the employee at the time of the accident unless the contrary is proved. |
