【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第7页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
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[接上页] (1) An application for payment from the Fund under this Part shall, subject to section 25- (a) be made to the Board; and (b) unless the Board otherwise directs, be made in the manner and form specified by the Board. (Amended 16 of 2002 s. 13)(2) Upon receipt of an application under this Part, the Board shall carry out such inquiries as it considers necessary to make a determination under section 22. (3) It is the duty of every applicant to assist the Board in carrying out inquiries under this section, and where an applicant fails without reasonable excuse so to assist the Board, the Board may, notwithstanding any other provision, determine that the applicant shall not be entitled to payment from the Fund. (4) For the purpose of carrying out inquiries under this section the Board may- (a) require the employer (or the employee's representative) or the employee or his member of the family or representative, the employer's insurer or any other employee of the employer to furnish such information or particulars relating to an application; and (Replaced 16 of 2002 s. 13) (b) make such inquiries from any other person connected or associated with the application,as the Board considers necessary. (5) Where, by reason of the failure of a person other than an applicant to comply with a requirement or respond to an inquiry of the Board under subsection (4) an applicant or the Board incurs additional expense in proving or determining an application under this Part, such additional expense is recoverable from that person by the applicant or the Board as a debt due to the applicant or the Board, as the case may be. (Enacted 1991) Cap 365 s 22 Determination of applications by the Board (1) The Board shall in respect of any application under a section of this Part determine- (a) whether or not it is satisfied as to an applicant's entitlement to apply under that section; and (b) if so, what amount should be paid from the Fund; and (c) to whom such amount should be paid,and shall advise the applicant and any interested person by written notice of its determinations and, in particular, the amount of each payment, if any, to be made from the Fund by virtue of those determinations. (Amended 16 of 2002 s. 14) (2) Subject to subsection (3), an amount payable by the Board following a determination under this section carries simple interest at half the rate determined from time to time by the Chief Justice for the purpose of section 49(1)(b) of the High Court Ordinance (Cap 4) on such part of the amount as remains unpaid by the Board. (Amended 25 of 1998 s. 2; 16 of 2002 s. 14) (3) No interest is payable on an amount mentioned in subsection (2)- (a) which is a relief payment; (b) where the application concerned under section 16 is made after the expiration of 180 days after the date on which the employer concerned is liable for the payment of the amount, in respect of the period beginning on that expiration and ending on the date on which the application is so made; (c) in respect of the period beginning on the date the application concerned under section 16 is made and ending upon the expiration of 180 days after that date; (d) where section 25B is applicable, in respect of the period between the expiration of the period mentioned in section 25B(1)(c) and the date on which an extension, if any, is granted under section 25B(2); (e) (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) (Added 16 of 2002 s. 14)(4) No surcharge mentioned in paragraph (e) of the definition of "compensation" in section 3 of the Employees' Compensation Ordinance (Cap 282) shall be included in an amount mentioned in subsection (2)- (a) where the application concerned under section 16 is made after the expiration of 180 days after the date on which the employer concerned is liable for the payment of the amount, to the extent that the surcharge arises in respect of the period beginning on that expiration and ending on the date on which the application is so made; (b) to the extent that the surcharge arises in respect of the period beginning on the date of the application concerned under section 16 is made and ending upon the expiration of 180 days after the date. (Added 16 of 2002 s. 14)(5) The interest payable on an amount mentioned in subsection (2) before the determination mentioned in that subsection is made shall be the rate mentioned in that subsection or the rate specified by the court or tribunal concerned, whichever is the lower. (Added 16 of 2002 s. 14) (6) Subject to the provisions of this Ordinance, the Board may vary a determination under this section to take account of- (a) a person who becomes an eligible person on or after the date of the determination; or (b) the existence of an eligible person which was not known to the Board before that date. (Added 16 of 2002 s. 14) Cap 365 s 23 Costs: Payment in favour of employees (1) Where the Board has determined an application under section 16 in favour of an applicant then in addition to any amounts of compensation to be paid from the Fund the Board shall, subject to this section, agree to pay from the Fund- (Amended 16 of 2002 s. 15) |
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