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Persons entitled to payment of compensation.
Distribution of and payment of compensation.
First Schedule, Part III
Pneumoconiosis (Compensation)
[1986 Ed.
in evidence without further proof on its production in any court and-
(a) until the contrary is proved, it shall be presumed that the
certificate is so issued and signed;
(b) shall be evidence of the matters stated therein.
16. (1) The compensation shall be payable to or for the benefit of a person, or, where death results from pneumoconiosis, to or for the benefit of his dependants as provided by this Ordinance.
(2) Where there are both total and partial dependants nothing in this Ordinance shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.
(3) Where a dependant dies before a claim in respect of death is made under this Ordinance, or, if a claim has been made, before an order for the payment of compensation has been made, the legal personal representative of the dependant shall have no right to payment of compensation, and the claim for compensation shall be dealt with as if that dependant had died before that person.
17. (1) Compensation payable where the death of a person has resulted from pneumoconiosis shall be apportioned by the Commissioner among the dependants of the deceased person or any of them in such proportion as the Commissioner thinks fit, or in the discretion of the Commissioner, allotted to any one such dependant, 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 such manner as the Commissioner thinks fit.
(2) Where, on application being made to the Commissioner it appears to him that, on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, a distribution made under subsection (1) ought to be varied, the Commissioner may vary such distribution in such manner as he may think just:
Provided that no such variation shall be made which requires the repayment by a dependant of any compensation already paid to him except where such payment has been obtained by fraud, impersonation or other improper means.
(3) Any other compensation payable under this Ordinance—
(a) shall be paid by the Board to the person entitled thereto; or
(b) if the compensation is payable under section 6 or 11 or is a lump sum payable under paragraph 1 of Part III of the First Schedule, may be paid by the Board to the Commissioner, who shall invest such compensation for the benefit of the person entitled thereto, in such manner as the Commissioner thinks fit.
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