1986 Ed.]
Pneumoconiosis (Compensation)
I
[CAP. 360
15
(4) Nothing in this section shall prevent the Board from making any payment not exceeding $1,000 direct to a person or dependant on account of a claim which is pending settlement or determination, and the Commissioner may order that the whole or any part of such payment shall be deducted from the amount of compensation payable to the person or dependant under this Ordinance.
(5) Subject to subsection (6), where a person who is entitled to compensation dies, before the payment of any compensation, from a cause other than pneumoconiosis, his dependants shall be entitled to receive the compensation that the deceased person would have been entitled to receive had he lived; and the Commissioner shall apportion such compensation among the dependants as if it were compensation to which subsection (1) applies. (Replaced, 15 of 1986, s. 3)
(6) The dependants shall not be entitled to receive compensation under subsection (5) unless the Pneumoconiosis Medical Board has, in relation to the deceased person, issued a certificate under section 24(6) or (8). (Added, 15 of 1986, s. 3)
18. (1) Subject to subsection (2) and section 9, a claim for compensation shall be made within 24 months after the date of the incapacity or, in the case of death resulting from pneumoconiosis, within 24 months after the date of death.
(2) Notwithstanding subsection (1), the Commissioner may receive and determine any claim for compensation in any case after the expiry of the period specified in that subsection if he is satisfied that there was reasonable excuse for the failure to make a claim within such period.
Limitation of time for claiming compensation.
Board to pay Government in certain circumstances.
19. Where a person in the service of, or formerly in the service of, the Government is paid pension for incapacity, or in the case of compensation to his death resulting from pneumoconiosis, where pension is paid to his dependants, under any Ordinance providing for the grant of such pension, the Board shall pay to the Government from the Fund a sum of money equal to the amount of money that would have been payable as compensation had that person not been disqualified to claim compensation by reason of section 4(3)(c).
20. (1) Subject to this section, an appeal shall lie to the Court from any decision of the Commissioner or the Board.
(2) Except with the leave of the Court (which shall not be granted unless in the opinion of the Court some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispute is less than $1,000.
(3) No appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner or the Board, or in which the order of the Court gives effect to an agreement come to by the parties.
Appeals.
1986 Ed.]
Pneumoconiosis ( Compensation)
I
[CAP. 360
15
(4) Nothing in this section shall prevent the Board from making any payment not exceeding $1,000 direct to a person or dependant on account of a claim which is pending settlement or determination, and the Commissioner may order that the whole or any part of such payment shall be deducted from the amount of compensation payable to the person or dependant under this Ordinance.
(5) Subject to subsection (6), where a person who is entitled to compensation dies, before the payment of any compensation, from a cause other than pneumoconiosis, his dependants shall be entitled to receive the compensation that the deceased person would have been entitled to receive had he lived; and the Commissioner shall apportion such compensation among the dependants as if it were compensation to which subsection (1) applies. (Replaced, 15 of 1986, s. 3)
(6) The dependants shall not be entitled to receive compensa- tion under subsection (5) unless the Pneumoconiosis Medical Board has, in relation to the deceased person, issued a certificate under section 24(6) or (8). (Added, 15 of 1986, s. 3)
18. (1) Subject to subsection (2) and section 9, a claim for compensation shall be made within 24 months after the date of the incapacity or, in the case of death resulting from pneumoconiosis, within 24 months after the date of death.
(2) Notwithstanding subsection (1), the Commissioner may receive and determine any claim for compensation in any case after the expiry of the period specified in that subsection if he is satisfied that there was reasonable excuse for the failure to make a claim within such period.
Limitation of time for claiming compensation.
Board to pay
Government in certain circumstances.
19. Where a person in the service of, or formerly in the service of, the Government is paid pension for incapacity, or in the case of compensation to his death resulting from pneumoconiosis, where pension is paid to his dependants, under any Ordinance providing for the grant of such pension, the Board shall pay to the Government from the Fund a sum of money equal to the amount of money that would have been payable as compensation had that person not been disqualified to claim compensation by reason of section 4(3)(c).
20. (1) Subject to this section, an appeal shall lie to the Court from any decision of the Commissioner or the Board.
(2) Except with the leave of the Court (which shall not be granted unless in the opinion of the Court some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispute is less than $1,000.
(3) No appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner or the Board, or in which the order of the Court gives effect to an agreement come to by the parties.
Appeals.
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