【法规名称】
【法规编号】 79977 什么是编号？
【正 文】
第10页 CAP 282 EMPLOYEES' COMPENSATION ORDINANCE
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[接上页] "payment period" (付款期) means the appropriate period of payment referred to in subsection (1). (Added 52 of 2000 s. 6) Cap 282 s 6E Determination by Commissioner of claims for funeral and medical attendance expenses (1) Subject to subsection (17), where an application seeking a determination under this section is made to the Commissioner by any person who has paid the expenses of the funeral of the employee or the expenses of medical attendance on the employee, and the employer has given his consent in writing signed by him to the Commissioner that the Commissioner may make such determination, then the Commissioner, after the period referred to in subsection (3)(b)- (a) if there is a liability to pay any such expenses under section 6(5), may determine, in respect of the persons making the application, the persons to whom reimbursement of such expenses under that section is payable and the amount of reimbursement payable to each such person; and (b) where he makes a determination under paragraph (a), shall issue a certificate- (i) as to his determination; and (ii) as soon as practicable after making the determination.(2) A consent referred to in section 6B(1) given by an employer in respect of an employee shall be deemed to be a consent referred to in subsection (1) given by the employer in respect of the employee. (3) An application under subsection (1) shall be- (a) made in such form as the Commissioner may specify and signed by the person making it; (b) made within 30 days from the date of cremation or date of burial of the employee, or the date on which the Commissioner receives the consent or deemed consent referred to in subsection (1) or (2), as the case may be, from the employer, whichever is the later; (c) made separately by each of the persons who has paid the expenses or his authorized representative; and (d) accompanied by supporting documents.(4) A Certificate for Funeral and Medical Attendance Expenses shall- (a) be in such form as may be specified by the Commissioner giving details of the determination; and (b) be sent- (i) to the employer; (ii) to each person who has made an application under subsection (1) whether or not reimbursement of the expenses is payable to him.(5) In determining the amount of reimbursement payable under section 6(5), if the aggregate claimed amount exceeds the amount specified in the second column of the Sixth Schedule shown opposite section 6(5) specified in the first column of that Schedule, the Commissioner shall apportion the amount payable on a pro rata basis. (6) Where a person who has paid any expenses of the funeral of the employee and expenses of medical attendance on the employee dies prior to the reimbursement of the expenses is paid to him, his legal personal representative shall substitute for him in pursuing the claim. (7) In stating the reimbursement payable to each person named in the Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, the Commissioner may round down the amounts to the nearest dollar. (8) Reimbursement of the expenses of the funeral of the employee and expenses of medical attendance on the employee shall be payable by the employer not earlier than 42 days but not later than 49 days after the date of issue of the Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, as the case may be. (9) An employer who fails without reasonable excuse to pay reimbursement in accordance with a Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, shall pay, in addition to the reimbursement payable- (a) upon the expiry of the payment period, a surcharge of- (i) the amount specified in the second column of the Sixth Schedule shown opposite section 6E(9)(a) specified in the first column of that Schedule; or (ii) the percentage specified in the third column of the Sixth Schedule shown opposite section 6E(9)(a) specified in the first column of that Schedule of the reimbursement then remaining unpaid, whichever is the greater; and(b) upon the expiry of 3 months after the expiry of the payment period, a further surcharge of- (i) the amount specified in the second column of the Sixth Schedule shown opposite section 6E(9)(b) specified in the first column of that Schedule; or (ii) the percentage specified in the third column of the Sixth Schedule shown opposite section 6E(9)(b) specified in the first column of that Schedule of the amount then remaining unpaid of the aggregate of any reimbursement referred to in paragraph (a) and the surcharge imposed under that paragraph, whichever is the greater.(10) An objection to a determination under subsection (1) may be made in writing- (a) by the employer, any person who has made an application under that subsection or the ECAFB; (b) within 30 days after- (i) in the case of the employer or any person who has made an application under that subsection, the date of issue of the Certificate for Funeral and Medical Attendance Expenses concerned; |
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