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Chapter: | 365
 | Title: | EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE | Gazette Number: | L.N. 13 of 2004 |
| Section: | 26 | Heading: | Priority of payments from the Fund | Version Date: | 01/04/2004 |
Miscellaneous
(1) Notwithstanding this Ordinance or any other law, where an amount is liable to be paid from the Fund under this Part, no part of such amount becomes payable by the Board unless and until-
- (a) there are sufficient moneys available to the Fund to pay the whole of such amount; and
(b) all other such amounts which have priority over that amount for the purposes of this section, being amounts which would otherwise be payable by the Board, have been paid from the Fund or have been provided for by the Board.
- (a) amounts liable to be paid in respect of applications under section 16 shall have priority over amounts liable to be paid in respect of applications under section 20A; (Replaced 16 of 2002 s. 18. Amended s. 46A(3) (see 16 of 2002 s. 30))
(b) (Repealed s. 46A(3) (see 16 of 2002 s. 30))
(ba) (Repealed s. 46A(3) (see 16 of 2002 s. 30))
(bb) amounts liable to be paid in respect of applications under section 20A where section 20C(1) or (2)(a) is applicable shall have priority over amounts liable to be paid in respect of applications under that section where section 20C(2)(b) is applicable; (Added 16 of 2002 s. 18. Amended s. 46A(3) (see 16 of 2002 s. 30))
(bc)-(bd) (Repealed s. 46A(3) (see 16 of 2002 s. 30))
(c) in particular as between amounts liable to be paid in respect of applications under the same section, the amount to which the earliest date of accident applies shall have priority over all other such amounts.
- (a) a judgment debt in proceedings against the Board under section 24 is to be treated as an amount liable to be paid from the Fund in respect of an application under the section in respect of which the judgment is given;
(b) a judgment debt in proceedings against the Board under section 25(2) is to be treated as an amount liable to be paid from the Fund in respect of an application under section 16; and
(c) the date of accident applicable to an amount liable to be paid from the Fund in respect of an application under this Part is the date of the accident giving rise to the injury to which the application relates.
(Enacted 1991)