Losing a loved one in a motor vehicle accident is one of life’s most painful and traumatic experiences. On top of the grief and loss, you may face real practical challenges—especially if you relied on that person for financial support, childcare or household help. If the death resulted from a road accident in Victoria, you may be eligible for death benefits under the Transport Accident Commission (TAC) scheme.

In this article, we explain:

What the TAC does after a transport accident
The types of death benefits available
Who qualifies as a “dependant”
What support might be available for a surviving partner or children
What happens if you suffered nervous shock

The Role of the TAC After a Motor Vehicle Accident

The TAC is a Victorian Government-owned body responsible for paying benefits and compensation to people killed or injured in transport accidents. It looks after those who’ve died, as well as the family members affected by injury or loss.

Death Benefits Under the TAC Scheme

If your loved one died in a transport accident, the TAC can assist with several benefits—if specific criteria are met. These might include:

Funeral expenses: The TAC can contribute up to ≈ $16,830 towards burial, cremation or monument costs
Travel/accommodation for family: Up to ≈ $5,610 per immediate family, if they live more than 100 km from the service
Counselling services: Up to ≈ $17,850 per family, available to spouse/partner, parents, children (including step-children), siblings, grandparents and grandchildren

(Note: Figures are approximate and subject to change—always check current TAC rates.)

Who Is Eligible for TAC Death Benefits?

Eligibility centres on whether you were a dependant of the deceased—someone who relied on them for financial support, childcare or household tasks. Two main categories apply:

1. Surviving Partner
A partner (married or de facto) who depended wholly, mainly or in part on the deceased for support OR for care of children may claim. This also covers separated partners who remained financially reliant.

2. Dependent Child
A child of the deceased who:

Is under 18, or aged 18-25 and in full-time study/apprenticeship
Would have been financially dependent on the deceased
Does not have a spouse or domestic partner themselves

What Benefits are Available to a “Surviving Partner”?

If eligible, benefits can include:

Lump sum payment: Up to approximately $200,140, depending on age/family circumstances
Income support: Weekly payments of up to 80% of the deceased’s earnings (capped at ≈ $1,500/week). These usually cease five years after death—or when the partner reaches Age Pension—but may continue if dependent children remain
Household/childcare support: If the deceased carried out these tasks, TAC may contribute to their replacement

What Benefits are Available to a “Dependent Child”?

Children may receive:

Lump sum payment: Up to ≈ $200,140, shared among surviving children. If a child is under 18, funds are held by State Trustees until they reach 18
Weekly income support: Up to ≈ $211/week to the responsible guardian until the child turns 18 or stops full-time study
Education allowance: Up to ≈ $3,190/year per child until age 18 or cease of full-time study

An important update: for accidents on or after 6 July 2022, if both a child’s parents died in the same crash, the child can receive benefits for each parent.

What About Nervous Shock Claims?

If you witnessed the death of a loved one in a transport accident and now suffer a recognised psychiatric illness (eg PTSD), you may be able to pursue a TAC nervous shock claim. Benefits can include:

Income support
Treatment-related medical expenses
Lump sum compensation (impairment benefit and/or common-law claim)

Why This Matters — For Injured Families and Allied-Health Referrers

For families: The loss of a primary income earner or carer can cause cascading impacts—financial, emotional, practical. Knowing that TAC provides for those left behind offers a vital safety net.

For allied health professionals and referrers: Your role is crucial in identifying clients who may be eligible—especially when you see someone who has lost a spouse, parent or caregiver in a crash. Helping them get the right legal support and documentation early can change outcomes.

Legal Insight

Death benefits under the TAC are governed by strict eligibility criteria and time limits. Whether you’re a surviving partner or a dependent child, getting clarity, lodging your claim in time, and keeping solid records are essential.

Next Steps — If This Applies to You

If you’ve lost someone in a road accident and believe you may be entitled to TAC benefits:

Seek legal advice early: A lawyer experienced in TAC claims can explain your rights, help gather evidence, and start the claim process.
Gather documents: Funeral invoices, medical records, child/dependent information, proof of financial reliance.
Don’t assume nothing is available: Many families are surprised at how much support exists—but only if eligibility criteria are met.