Older Persons Act, 2006
R 385
Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter VI : Compensation Generally79. Benefits to person (excluding widow) who received pension under previous Act |
| (1) | Any person, except a widow, who immediately before the commencement of this Act was entitled to a pension in respect of himself or herself and his dependants, if any, on account of a finding given before the commencement of the Amendment Act shall, as from the said commencement, be entitled to— |
| (a) | in the case of a finding of pneumoconiosis which has impaired his cardiorespiratory functions by not more than 50 per cent, a monthly pension of R312; |
| (b) | in the case of a finding of pneumoconiosis which has impaired his cardiorespiratory functions by more than 50 per cent but by not more than 75 per cent, a monthly pension of R504; |
| (c) | in the case of a finding of pneumoconiosis which has impaired his cardiorespiratory functions by more than 75 per cent, or a finding of pneumoconiosis together with tuberculosis, a monthly pension of R725; |
| (d) | in the case of a finding of tuberculosis, a monthly pension of R504. |
| (2) | Any person who has accepted a one-sum benefit in lieu of a monthly pension, and his dependants, shall not at any time have a further right or claim to a monthly pension under this Act. |
| (3) | When the certification committee has found that a person who accepted a one-sum benefit in lieu of a monthly pension is suffering from a compensatable disease in the second degree, the commissioner shall award to such a person or, if the said committee has after his death found that he or she had so suffered, to his widow or dependants, an additional sum which shall be equal to the difference between the amounts comtemplated in paragraphs (a) and (b) (i) of section 80 (3). |
| (4) | When the certification committee has found that a person mentioned in subsection (1) (a) to whom a one-sum benefit was not awarded in lieu of a monthly pension, is suffering from pneumoconiosis which has impaired his cardio-respiratory functions by more than 50 per cent but by not more than 75 per cent, the commissioner shall award to that person a monthly pension of R504. |
| (5) | When the certification committee has found that a person mentioned in subsection 1 (a) or (b) to whom a one-sum benefit was not awarded in lieu of a pension, is suffering from pneumoconiosis which has impaired his cardio-respiratory functions by more than 75 per cent, or that such person or a person mentioned in subsection (1) (d) is suffering from tuberculosis together with another compensatable disease, the commissioner shall award the person concerned a monthly pension of R725. |
[Section 79 substituted by section 25 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
