Distribution of compensation on death

(1) Compensation payable where the death of a workman has resulted from an injury shall be paid into court, and any sum so paid in shall be apportioned among the dependants of the deceased workman or any of them in such proportion as the court thinks fit, or may, in the discretion of the court be allotted to any one of the dependants, and the sum so allotted to any dependant shall be paid to him or be invested, applied or otherwise dealt with for his benefit in a manner as the court thinks fit. (2) Compensation payable where permanent incapacity has resulted from an injury shall be paid into court, and any sum so paid shall be paid to the person entitled thereto or be invested, 24 applied or otherwise dealt with for his benefit in such manner as the court thinks fit. (3) Any other compensation payable under this Act, may be paid into court and, when so paid in, shall be paid by the court to the person entitled thereto. (4) The receipt of the clerk of the court shall be sufficient discharge in respect of any amount paid in under this Act. (5) On the payment in of any money under subsection (1) of this section, the court may deduct therefrom the actual cost of the workman’s funeral expenses, to an amount not exceeding fifty dollars and pay it to the person by whom the expenses were incurred, and shall, if the court thinks necessary, cause notice to be published, or to be served on each dependant in such manner as the court thinks fit calling upon the dependants to appear before it on a date as it may fix for determining the distribution of the compensation. If the court is satisfied, after any inquiry which it may consider necessary, that no dependant exists, the court shall pay the balance of the money after deduction of hospital and other medical expenses incurred to the employer by whom it was paid. The court shall, on application by the employer, furnish a statement showing in detail all disbursements made. (6) Where a periodic payment is payable under this Act to a workman under any legal disability, the court may, of its own motion or on application made to it in this behalf, order that the weekly payment be paid during the disability to any dependant of the workman or any other person whom it thinks best fitted to provide for the welfare of the workman. (7) Where, on application made to the court in this behalf or otherwise, the court is satisfied that, on account of neglect of children on the part of a parent, or on account of the variation of the circumstances of any dependant, or for any other sufficient cause, an order of the court as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the court may make an order for the variation of the former order as it thinks just in the circumstances of the case, Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him. (8) The attorney-at-law or agent of a person claiming compensation under this Act shall not be entitled to recover from him any costs in respect of such claim or to claim a lien in respect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation, except a sum as may be awarded by the court, subject to regulations made under this Act, on an application made either by the person claiming compensation, or by his attorney-at-law or agent, to determine the amount of the costs to be paid to the attorney-at-law or agent.