Occupational Diseases in Mines and Works Amendment Act 117 of 1977

Occupational Diseases in Mines and Works Amendment Act,1977 (No. 117 of 1977)

Act

to provide for the further increase of certain benefits, special awards and assistance payable in terms of the Occupational Diseases in Mines and Works Act, 1973.

(Afrikaans text signed by the State President.)
(Assented to 11 July 1977.)

Be it enacted by the State President, the Senate and the House of Assembly of the Repubhc of South Africa, as follows:-

Increase of certain benefits and special awards.

1. (1) Subject to the provisions of subsection (2), a benefit as defined in section 1, and a special award referred to in section 101 or 115 of the Occupational Diseases in Mines and Works Act, 1973 ,(Act No. 78 of 1973) (hereinafter referred to as the principal Act), which are payable in terms of the principal Act; but have not yet been paid, and which were increased by the Occupational Diseases in Mines and Works Amendment Act, 1975 (Act No. 45 of 1975), shall be further increased-

(a) in the case of any such benefit payable in the form of a monthly pension, whether it became or becomes payable before or after the commencement of this section, by fifteen per cent; 

(b) in the case of a special award payable immediately prior to the commencement of this section in terms of section 101 of the principal Act, by an amount which the commissioner may in his discretion determine; but not exceeding fifteen percent; and

(c) in the case of a special award payable immediately prior to the commencement of this section in terms of section 115 of the principal Act, by an amount which the Black affairs authority may in its discretion determine, but not exceeding fifteen per cent:

Provided that any pension or any such special award so mcreased shall be calculated to the next complete rand.

(2) The provisions of this section shall not apply with reference to any one-sum benefit, as defined 1n section 1 of the principal Act, to which a person became entitled before the commencement of this section or to which a person will become entitled after the commencement of this section.

Amendment of section 102 of Act 78 of 1973.

2. Section 102 of the principal Act is hereby amended-

(a) by the substitution for subsection (2) of the following subsection: 

" (2) Assistance urider subsection (1) may be rendered by way of a single award or periodical awards, aa the commissioner deems desirable, and in the case of secondary school education or education at any college, university or other post-school educational institution, by way of bursaries which shall be awarded on such conditions and in accordance with such scale as the commissioner may with the concurrence of the advisory committee determine. "; and

(b) by the substitution for subsection (3) of the following subsection: 

" (3) The amounts paid out under this section shall not exceed in the aggregate in any one financial year such amount as the Minister may from time to time determine with the concurrence of the Minister of Finance. ''.

Substitution of section 115 of Act 78 of 1973.

3. The following section is hereby substituted for section 115 of the principal Act:

" Special award to Black person.

115. If a Black person to whom a benefit awarded under the previous Act or this Act has been paid in full, is in necessitous circumstances and unable, by reason of old age or continuous poor health, to earn sufficient means of subsistence, the Black affairs authority may in its discretion, out of moneys in the Black Compensation Fund not required for the payment of benefits under this Act, make special awards to such person. ".

Short title and commencement.

4. This Act shall be called the Occupational Diseases in Mines and Works Amendment Act, 1977, and the provisions thereof shall come into operation on 1 October 1977, excluding the provisions of section 2, which shall be deemed to have come into operation on 1 April 1977.

Commencement

1 October 1977