PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE
6 of 2008
Compensation for incapacity subsequent to date of diagnosis
(1) Where incapacity results from pneumoconiosis or mesothelioma (or both), the compensation payable in respect of the period beginning from the date of diagnosis shall be- (Amended 6 of 2008 s. 9)
(a) an amount calculated by reference to the degree of such incapacity, as follows-
(i) for the period of any total incapacity, a monthly amount in accordance with Part II of the First Schedule; or
(ii) for the period of any partial incapacity, a monthly amount equal to such percentage of the compensation payable in the case of total incapacity as is proportionate to the degree of partial incapacity of the person as determined from time to time under this Ordinance; and
*(b) a monthly amount as specified in Part IIA of the First Schedule as compensation for any pain, suffering and loss of amenities arising from the pneumoconiosis or mesothelioma (or both), which amount shall be payable regardless of the degree of such pain, suffering or loss. (Replaced 4 of 1996 s. 4. Amended 6 of 2008 s. 9)
(2) Compensation under this section shall be payable until death.
(Replaced 54 of 1993 s. 5)
_________________________________________________________________________________________ Note: * Please note section 14 of 4 of 1996. It reads as follows-
For the avoidance of doubt it is declared that no amount shall be payable under section 6(1)(b) of the principal Ordinance as amended by this Ordinance in respect of any period prior to the date of commencement of this Ordinance.".