【法规名称】
【法规编号】 79967 什么是编号？
【正 文】
第9页 CAP 360 PNEUMOCONIOSIS (COMPENSATION) ORDINANCE
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[接上页] (ii) to the brothers and sisters of the deceased; but if no brother or sister survives; then (iii) to the grandparents of the deceased; but if no grandparent survives; then (iv) to the grandchildren of the deceased; but if no grandchild survives; then (v) to the other members of the family of the deceased.(2) Where compensation is payable to 2 or more persons under the same paragraph or subparagraph of subsection (1) (including any case where compensation is payable to both the spouse and the cohabitee of a deceased person), equal amounts of compensation shall be paid to each such person. (3) No compensation shall be payable to a member of the family of a deceased person except as provided in this section. (4) Any other compensation payable under this Ordinance- (a) shall be paid by the Board to the person entitled to the compensation; or (b) if the compensation is payable under section 6, 10 or 11, may be paid by the Board to the Commissioner, who shall invest such compensation for the benefit of the person entitled to the compensation, in such manner as the Commissioner thinks fit.(5) The Board may pay from the Fund an amount direct to a person or a member of a person's family on account of a claim which is pending settlement or determination, and the Board may deduct the payment or part of it from the compensation payable under this Ordinance to the person or member of his family. (Replaced 54 of 1993 s. 17) Cap 360 s 18 Limitation of time for claiming compensation (1) Subject to subsection (2), a claim for compensation or other payment under Part II in respect of the death of a person shall be made within 24 months after the date of such death. (Replaced 54 of 1993 s. 18) (2) Notwithstanding subsection (1), the Commissioner or the Board, as the case may be, may receive any claim for compensation or other payment in any case after the expiry of the period specified in that subsection if he or it is satisfied that there was reasonable excuse for the failure to make a claim within such period. (Amended 54 of 1993 s. 18) Cap 360 s 19 Board to pay compensation to Government in certain circumstances 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 the death of such person who was suffering from pneumoconiosis where pension is paid to the members of his family, 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). (Amended 54 of 1993 s. 19) Cap 360 s 19A Verification by Board of persons receiving compensation (1) Where the Board has reason to believe that a person entitled to receive any monthly payment of compensation for incapacity or care and attention to be paid by the Board has died, it may withhold such payment until it has ascertained whether or not the person is still alive. (2) The Board may, by notice sent by registered post to the last known address of any person who is entitled to receive compensation in the form of monthly payments, require such person to appear before the Board in person and to furnish proof of identity, and where a person fails to comply with such a requirement the Board may, unless the person has furnished to the Board a reasonable excuse for his failure to so comply, withhold further payment of compensation until the Board's requirement is complied with. (Added 54 of 1993 s. 20) Cap 360 s 19B Excess payments of compensation Where the Board has paid to any person an amount of compensation in excess of the amount to which he is entitled under this Ordinance, the Board may deduct such amount of excess payment from any compensation payable- (a) to that person for incapacity; or (b) in consequence of the death of that person. (Added 54 of 1993 s. 20) Cap 360 s 19C Claims for compensation etc. under this Ordinance Nothing in this Ordinance shall be construed as providing for a claim to be made in respect of compensation or other payment under this Ordinance except in the manner provided in this Part. (Added 54 of 1993 s. 20) Cap 360 s 19D Reviews PART IIIA REVIEWS AND APPEALS (1) Subject to this section, any person who is dissatisfied with a decision of the Commissioner, the Board or the Pneumoconiosis Medical Board made in the exercise of powers conferred under this Ordinance may apply to the Commissioner, the Board or the Pneumoconiosis Medical Board (as the case may be) for a review of that decision. (2) An application under this section for a review of any decision shall- (a) be made by notice in writing; (b) state the grounds upon which the decision should be reviewed; (c) be made- (i) where any period is specified in this Ordinance for the making of an application for a review in any case, within the period so specified; or (ii) where no such period is specified, within 1 month of receipt by the applicant of notice of such decision, or within such further period as the Commissioner may allow.(3) On receipt of an application under subsection (1) the Commissioner, the Board or the Pneumoconiosis Medical Board shall review the decision in question and, after giving the applicant and any other interested person the opportunity of making written submissions, may affirm, vary or rescind the decision and shall give notice of his or its decision to the applicant and such other person. |
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