Report No. 62

2.22. Recommendation.-

We recommend the following revised draft of the definition of "dependant", in the light of the above discussion.

Revised draft of section 2(1)(d)

(d) "dependant" means any of the following relatives of a deceased workman, namely:

(i) a widow, a minor son, an unmarried daughter, or a widowed mother; and

(ii) if wholly dependant on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of eighteen years and who is infirm, or a divorced daughter1 who has not re-married;

(iii) if wholly or in part dependant on the earnings of the workman at the time of his death-

(a) a widower,

(b) a parent other than a widowed mother,

(c) a minor daughter, if married.....or widowed

(d) a minor brother or an unmarried sister or a minor widowed sister,

(e) a widowed daughter-in-law,

(f) a minor child of a pre-deceased son,

(g) a minor child of a pre-deceased daughter where no parent of the child is alive, or

(h) a paternal grand-parent, if no parent of the workman is alive.

Explanation.-For the purposes of this clause-

(a) references to a widowed female do not include a female who re-marries after the death of the workman and before the date of the order of the Commissioner under sub-section (5) of section 8;

(b) references to an unmarried female do not include

(i) a female who marries before the date of the said order;

(ii) a female who is divorced before the date of the said order;

(c) references to a brother or sister include a consanguine or uterine brother or sister;

(d) references to a minor do not include a person who attains majority before the date of the said order;

(e) a child of the workman who was in the womb at the time of the death of the workman, and who is subsequently born alive2 whether before or after the date of the said order, shall have the same right to be treated as a dependant as if he or she had been born before the death of the workman;

(f) references to a son, daughter or child include..an illegitimate or adopted son, daughter or child;

(g) references to a 'pre-deceased' relation. include a person who dies before the date of the said order.

1. As to divorced daughters, totally dependent, section 2(1)(a)(ii).

2. See para. 2.12, supra.