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Section 74 Beneficiary previously maintained by deceased

Original text. Later amendments are not shown.

(1)

In the case of industrial death benefit, where the deceased at his death was, or would but for the relevant accident have been, making contributions to the beneficiary's maintenance—

(a)

the weekly rate of any pension payable to the beneficiary—

(i)

as a parent (within the meaning of section 71 above), or

(ii)

as a relative prescribed for the purposes of section 72,

shall not exceed the weekly rate of the contributions which the deceased was (or would but for the relevant accident have been) making ; and

(b)

the amount of any gratuity payable to the beneficiary as such a parent or relative shall not exceed such multiple of the weekly rate of those contributions as may be determined by or in accordance with regulations ;

but this does not apply where the deceased at his death was (or would but for the relevant accident have been) wholly maintaining the beneficiary.

(2)

In the case of a relative who—

(a)

was at the deceased's death a child, or

(b)

is a posthumous son or daughter of the deceased,

references in subsection (1) above to the weekly rate of the deceased's contributions are to that of the contributions which he might have been expected to make to the relative's maintenance when he ceased to be a child.