【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第6页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
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[接上页] (b) subject to section 20D, subsequent monthly payments at the rate of- (i) the prescribed monthly amount; or (ii) the monthly earnings of the injured employee at the time of the accident concerned, whichever is the higher, together with, in the case of an eligible person who is a severely injured relevant eligible person, the prescribed monthly amount (extra).(3) A surviving child who was an eligible person falling within paragraph (a)(ii)(B) of the definition of "eligible person" at the time of the death of the injured employee- (a) shall be entitled to the payment under subsection (1) or (2)(a) notwithstanding that he has attained the age of 21 years or above at the time the payment is made; (b) shall not be entitled to a payment under subsection (2)(b) if he has attained the age of 21 years or above at the time the payment would, but for this paragraph, be made.(4) Where 2 or more eligible persons are entitled to receive a relief payment, the amount of relief payment paid to each eligible person shall not exceed the amount to which they are respectively entitled under section 20F. (5) For the purposes of calculating the rate of payments under subsection (2)(b), the monthly earnings of the employee concerned shall mean the employee's earnings as determined in accordance with section 11 of the Employees' Compensation Ordinance (Cap 282). (Added 16 of 2002 s. 12) Cap 365 s 20D Cessation of payments under section 20C(2)(b) (1) Payments under section 20C(2)(b) (other than a prescribed monthly amount (extra)) shall be payable until- (a) subject to section 20G, the amount of relief payment has been fully paid; or (b) in the case of each eligible person entitled to receive such payments, the person- (i) dies; or (ii) ceases to be entitled to receive such payments pursuant to section 20E,whichever is the earlier. (2) A prescribed monthly amount (extra) under section 20C(2)(b) shall be payable until- (a) subject to section 20G, the amount of relief payment has been fully paid; or (b) the severely injured relevant eligible person entitled to receive such payment- (i) dies; or (ii) has been fully paid the amount to which he is entitled, whether as relief payment or payment of damages from the employer or insurer concerned, including any combination thereof,whichever is the earlier. (Added 16 of 2002 s. 12) Cap 365 s 20E When eligible person ceases to be entitled to relief payment An eligible person shall cease to be entitled to a relief payment where- (a) subject to section 20C(3) in the case of an eligible person falling within paragraph (a)(ii)(B) of the definition of "eligible person", the person attains the age of 21 years; (b) the eligible person has been paid the amount to which the eligible person is entitled, whether as relief payment or payment of damages from the employer concerned, including any combination thereof. (Added 16 of 2002 s. 12) Cap 365 s 20F Apportionment of relief payment (1) Where 2 or more eligible persons are entitled to receive a relief payment in respect of a deceased employee, then the relief payment shall be apportioned as follows- (a) either- (i) on a pro rata basis in accordance with the respective amounts awarded to the eligible persons by the court mentioned in section 20A(2); or (ii) on an equal share basis if subparagraph (i) is not applicable or that court has not otherwise made an order on how the amount of damages should be apportioned amongst the eligible persons;(b) where an eligible person has died or is no longer entitled to a relief payment, the relief payment shall be re-apportioned to the remaining eligible persons in proportion to the outstanding amount of relief payment respectively due to them; (c) where an eligible person makes a successful application to the Board for a relief payment at a time when the payments under section 20C(2)(b) are being made to other eligible persons, the payments shall be re-apportioned- (i) from the date the Board makes a determination under section 22 that the first-mentioned eligible person is entitled to the relief payment; and (ii) to the first-mentioned eligible person and the other eligible persons in proportion to the outstanding amount of relief payment respectively due to them.(2) For the avoidance of doubt, it is hereby declared that the reapportionment of a relief payment under this section shall correspond with whichever of subsection (1)(a)(i) or (ii) is applicable to the relief payment. (Added 16 of 2002 s. 12) Cap 365 s 20G Set-off Where an eligible person- (a) is receiving payments under section 20C(2)(b); and (b) during the course of receiving the payments, receives any payment of an amount of damages in relation to the injury to which the payments relate,then the Board shall set-off from the outstanding amount of the payments due to the eligible person the amount of damages (including damages by way of indemnity) so received by the eligible person. (Added 16 of 2002 s. 12) Cap 365 s 21 Applications |
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