| (1) |
When a person is suffering from tuberculosis which does not render him or her permanently unfit to do his ordinary work or to ply his trade or skills, if any, and the certification committee finds after the fixed date that— |
| (b) |
the said person was affected at any time within 12 months immediately after the date on which he or she performed work referred to in paragraph (a) for the last time, |
the commissioner may, on application of that person made in the prescribed manner, award to him or her an amount which is equal to 75 per cent of his loss of earnings during the period in which he or she has so suffered a loss of earnings, but not exceeding six months.
| (2) |
When the certification committee finds after the fixed date that a person is suffering from a compensatable disease which he or she contracted as a result of risk work at or in connection with a controlled mine or a controlled works, the commissioner shall award to such person a one-sum benefit calculated in accordance with the formula— |
(A×12)×B
in which formula "A" represents the person’s earnings, but not exceeding an amount of R4 555 (Four thousand five hundred and fifty-five rand), and "B" represents—
[Words preceding section 80(2)(a) substituted by section (a) of Notice No. 1385, GG 42793, dated 24 October 2019, with effect from 1 October 2019]
| (a) |
in the case of a person who is found for the first time to be suffering from a compensatable disease in the first degree, 1,31; |
| (b) |
in the case of a person who is found for the first time to be suffering from a compensatable disease in the second degree and— |
| (i) |
who did not previously become entitled to any benefit in terms of this Act, 2,917; |
| (ii) |
who previously became entitled to a one-sum benefit in respect of a compensatable disease in the first degree, 1,607; |
| (iii) |
who previously became entitled to a one-sum benefit in respect of tuberculosis in terms of subsection (3) of this section before the substitution of the said section by the Amendment Act, 2,362; |
| (iv) |
who previously became entitled to a one-sum benefit in respect of tuberculosis in terms of section 87(4) or 88(2) before the repeal of the said sections by the Amendment Act, 2,598; or |
| (v) |
who previously became entitled to a one-sum benefit in respect of tuberculosis in terms of the previous Act or section 106 (c) before the repeal of the said section by the Amendment Act, 2,81. |
[Section 80(2) substituted by section (a)(c) of Notice No. 1972, GG 46154, dated 1 April 2022, with effect from 1 April 2022,being the date on or after which:
| (i) |
an examination to determine the presence, nature and degree of a compensable disease was conducted; or |
| (ii) |
the first of such examinations, in a series of examinations, commenced; or |
| (iii) |
a post-mortem examination was partially or wholly conducted on the person who allegedly dies of a compensable disease. ] |
| (3) |
The benefit calculated in accordance with the provisions of subsection (2) shall be an amount of at least R50 793 (Fifty-thousand seven hundred and ninety three rand).
|
[Section 80(3) substituted by section (b)(c) of Notice No. 1972, GG 46154, dated 1 April 2022, with effect from 1 April 2022, being the date on or after which:
| (i) |
an examination to determine the presence, nature and degree of a compensable disease was conducted; or |
| (ii) |
the first of such examinations, in a series of examinations, commenced; or |
| (iii) |
a post-mortem examination was partially or wholly conducted on the person who allegedly dies of a compensable disease.] |
| (4) |
If a person who died after the fixed date was found to be suffering, at the time of his death, from a compensatable disease, there shall be payable to that person’s dependants designated by the commissioner an amount which shall be equal to the one-sum benefit which would have been payable to him or her in terms of subsection (2) as well as in terms of section 79(3) had he or she not died. |
| (5) |
Any one-sum benefit or any amount payable in terms of subsection (4) to the deceased’s dependants shall be divided among them in such proportion as the commissioner may determine. |
| (6) |
In awarding any one-sum benefit or any amount in terms of this section a fraction of a rand shall be calculated to the next completed rand. |
[Section 80 substituted by section 26 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
Housing Development Agency Act, 2008
