9. Distribution of compensation
Feedback & supportLast amended by an amending law of 2008. 2 amendments in all.
Subject to subsection (1A), no payment of compensation in respect of an employee whose injury has resulted in death or permanent incapacity shall be made otherwise than by deposit with the Commissioner, and any such payment made directly to the employee or his dependant shall be deemed not to be payment of compensation for the purposes of this Act.
employee
“employee” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether —(a)by way of manual labour or otherwise;(b)the contract is express or implied or is oral or in writing; and(c)the remuneration is calculated by time or by work done,but does not include any class of persons specified in the Fourth Schedule;
The Commissioner may —
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act;
in respect of injury which has resulted in the death or permanent incapacity of the employee, authorise payment of compensation to be made directly to —
an employee who is not less than 18 years of age;
one or more of the dependants of the deceased employee and in such proportion as the Commissioner thinks fit, except that where a will has been produced, such payment may instead be made directly to the estate of the deceased employee; or“1(iii) any committee or committees of the employee and estate of the employee appointed under the Mental Disorders and Treatment Act (Cap. 178) where the employee has become mentally incapacitated;1 Sub-paragraph (iii) of section 9(1A)(a) will be deleted and substituted by the following sub-paragraph when item 1(54)(a) in the Second Schedule to the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008) is brought into operation: “(iii)where the employee has become mentally incapacitated, any deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008 with power to receive such payment;”.
take into account any amount paid otherwise than in accordance with subsection (1) in assessing the compensation payable under this Act if he considers it fair and reasonable to do so.
The receipt of the Commissioner shall be a sufficient discharge for any compensation deposited with him.
On the deposit of any money under subsection (1) as compensation in respect of an accident resulting in the death of an employee, the Commissioner may deduct therefrom the actual amount of the expenses of the funeral of the employee or $250, whichever is the less, and may pay the same to the person by whom such expenses were incurred.
Compensation deposited in respect of an accident resulting in the death of an employee may be apportioned among one or more of the dependants of the deceased employee and in such proportion as the Commissioner thinks fit, except that where a will has been produced, such compensation may instead be paid to the estate of the deceased employee.
Compensation deposited in respect of an accident resulting in the permanent incapacity of an employee who, before the payment of such compensation is made, becomes mentally incapacitated may be payable to —
any one or more of the dependants of the employee; or2(b) any committee or committees of the employee and estate of the employee appointed under the Mental Disorders and Treatment Act (Cap. 178). 2 Paragraph (b) of section 9(4A) will be deleted and substituted by the following paragraph when item 1(54)(a) in the Second Schedule to the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008) is brought into operation: “(b)any deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008 with power to receive such payment.”.
Where any lump sum deposited with the Commissioner is payable to a person who is under any legal disability or in any other case where the Commissioner considers it desirable to do so, the Commissioner may, in his discretion, order such sum to be invested, applied or otherwise dealt with for the benefit of that person in such manner and for such period as the Commissioner may determine.
Where any periodical payment of compensation for temporary incapacity is payable to any employee under a legal disability, the Commissioner may, of his own motion or on application made to him in that behalf, order that the payment be made during the disability to any dependant of the employee or to any other person whom the Commissioner thinks best fitted to provide for the welfare of the employee.
dependant
“dependant”, in respect of a deceased employee, means the wife, husband, parent, grandparent, step-father, step-mother, child, grandchild, step-child, brother, sister, half-brother, half-sister, step-brother and step-sister irrespective of whether that person is actually dependent on the employee’s earnings or not and for the purpose of this definition —(a)the child of a deceased employee shall be deemed to include the illegitimate child of that employee and any child whose adoption by him has been registered under the Adoption of Children Act; and(b)the parent of a deceased employee shall be deemed to include the father and the mother of an illegitimate child and the person who has registered the adoption of any child under the Adoption of Children Act;
If the Commissioner is satisfied after such inquiry as he may consider necessary that no dependant of a deceased employee exists or can be traced and the circumstances are such that there is no reasonable likelihood that any dependant can be traced, the Commissioner shall pay the balance of the money deposited with him under subsection (1) to the Workers’ Fund.
Where after inquiry made of his own motion or on application made to him the Commissioner is satisfied that by reason of any change in the circumstances of any dependant, or for any other sufficient cause, an order of the Commissioner made under this section ought to be varied, the Commissioner may make such order for the variation of that order as he thinks just in the circumstances of the case.
No order prejudicial to any person shall be made under subsection (7) unless that person has been given an opportunity of showing cause why the order should not be made, and no such order shall require the repayment by a dependant of any sum already paid to him except where such payment has been obtained by fraud or other improper means.