【法规名称】
【法规编号】 79967 什么是编号？
【正 文】
第7页 CAP 360 PNEUMOCONIOSIS (COMPENSATION) ORDINANCE
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[接上页] (2) On receipt of a notice under subsection (1), the Commissioner shall, subject to subsection (3)- (a) request the Pneumoconiosis Medical Board to examine the person for the purpose of determining the matters referred to in section 24(1)(a); or (b) in the case of the death of a person, request the Pneumoconiosis Medical Board to make a determination under section 24(2) in respect of the deceased person.(3) Where the Commissioner is satisfied that the claimant is a person other than a person referred to in section 4(4), he may decline to act under subsection (2), but shall in such case inform the claimant in writing of his decision and the reasons for the decision. (Replaced 54 of 1993 s. 14) Cap 360 s 15 Commissioner to determine certain matters and issue certificate (1) Where the Commissioner receives a certificate issued by the Pneumoconiosis Medical Board under section 24 in respect of a claim under section 14(1), and- (a) the certificate states that the person claiming compensation suffers from pneumoconiosis or (in the case of the death of a person) that the deceased person suffered from pneumoconiosis at the time of his death; and (b) in the case of a claim under section 14(1)(a), the person claiming compensation has not previously received compensation under this Ordinance,the Commissioner shall determine the matters set out in subsection (2) and shall issue a certificate stating his determination as to those matters. (2) The matters to be determined by the Commissioner and stated in a certificate issued under subsection (1) are- (a) whether the claimant is a person referred to in section 4(4); and (b) in the case of a claim under section 14(1)(b), the names of the members of the family to whom compensation is payable pursuant to section 17, and the relationship of each such member of the family to the deceased person.(3) A certificate issued under subsection (1) shall be sent to- (a) the person or any member of the family claiming compensation under section 14(1) and any person named in the certificate for the purposes of subsection (2)(b); and (b) the Board.(4) An application by any person for a review pursuant to section 19D of a decision of the Commissioner as to any matter required to be determined by the Commissioner and stated in a certificate issued by the Commissioner under this section shall be brought- (a) in the case of a claim made under section 14(1)(a), within 14 days after the person's receipt of the Commissioner's certificate; or (b) in the case of a claim made under section 14(1)(b), within 3 months after the person's receipt of the Commissioner's certificate,or within such longer period as the Commissioner may allow. (5) Following his review of a decision referred to in subsection (4), the Commissioner shall issue to the persons referred to in subsection (3) and to the applicant for the review a certificate stating the result of the review. (Replaced 54 of 1993 s. 15) Cap 360 s 15A Interim payments of compensation to family members (1) Where in the case of a claim by a member of the family of a person who has died- (a) a certificate has been issued by the Pneumoconiosis Medical Board stating that the person's death resulted from pneumoconiosis; and (b) a certificate has been issued by the Commissioner stating that the claimant is a person referred to in section 4(4)(b),the Board shall, subject to subsection (3), make interim payments from the Fund of an amount equal to the average monthly earnings as defined in Part VII of the First Schedule. (2) Interim payments under this section- (a) shall be payable to the members of the family named in the certificate pursuant to section 15(2)(b) and shall be payable to such members in the same proportion as if it were compensation to which section 17(1) applied; (Amended 4 of 1996 s. 5) (b) shall be payable- (i) as to the first such payment, within 21 days after receipt by the Board of the Commissioner's certificate; (ii) as to each subsequent payment, within 30 days of the preceding payment becoming payable;(c) shall cease to be payable- (i) upon the Board receiving notice that an application has been made for review of the Commissioner's decision as to any matter referred to in section 15(2)(b); or (ii) upon the expiration of the period allowed under section 15(4) for an application for review, whichever first occurs.(3) Any amount paid from the Fund pursuant to subsection (1)- (a) shall be deducted from the compensation payable under this Ordinance to the members of the family; (b) shall not be recoverable from the person to whom it is paid, unless such payment has been obtained by fraud or other improper means. (Added 54 of 1993 s. 15) Cap 360 s 15B Board to determine amount of compensation (1) Where a certificate is issued by- (a) the Commissioner under section 15(1) in respect of a claim under section 14(1); or (b) the Pneumoconiosis Medical Board under section 24(4) in respect of a medical examination under section 23A,the Board shall determine the amounts of compensation, if any, payable to the person or members of the family and shall issue to the claimant, and (in the case of the death of a person) to any member of the family named in the Commissioner's certificate, a certificate showing the calculation of those amounts. |
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