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Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

Chapter VI : Compensation Generally

101. Special awards, and allowance in respect of permanent attendant

 

(1) If a special award was made under the provisions of the previous Act to any person the commissioner may in his discretion continue payment of the award in question for any such period or during any such periods as he or she may deem necessary, but subject to the provisions of subsections (2) and (3).

 

(2) No special award shall be paid to any person who is in receipt of a pension or to whom a one-sum benefit was awarded after the commencement of this Act in respect of a compensatable disease other than tuberculosis.

 

(3) A special award, except an award referred to in subsection (1), shall be paid—
(a) in the case of a female, after she has attained the age of sixty years; or
(b) in the case of a male, after he or she has attained the age of sixty-five years.

[Section 101(3) amended by section 1 of the Occupational Diseases in Mines and Works Amendment Act, No. 137 of 1991]

 

(4) [Section 101(4) deleted by section 34 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]

 

(5) The commissioner may, subject to the provisions of subsection (3), discontinue or increase or decrease any special award made to any person under the previous Act or this Act.

 

(6) If any person received an allowance in respect of a permanent attendant in terms of any provision of the previous Act immediately before the commencement of this Act, the commissioner may in his discretion and on such conditions as he or she may deem desirable, continue to pay such allowance, and decrease or cancel such allowance at any time.