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Table of Contents
Page Overview
Document Overview
AI Summary of 75. Disablement benefit.
This document outlines the provisions related to disablement benefits for insured persons suffering personal injury due to accidents occurring in the course of their employment. It specifies that benefits are available for disabilities resulting in a loss of physical or mental faculty amounting to not less than 15 per cent. Special provisions apply for assessments where the relevant period began before 1 January 2012, modifying the threshold to 1 per cent for eligibility. Assessments of disablement must consider disabilities incurred during the specified period, without reference to the claimant's individual circumstances beyond age and sex.
Further, the document details that disablement benefits include a disablement gratuity for disablement assessed at less than 20 per cent, and a disablement pension for 20 per cent or more. Specific rules govern the assessment process, including provisional assessments and the periods to be taken into account. Adjustments to provisions are specified for assessments based on periods starting before certain designated dates, ensuring that the legislative framework is responsive to changes over time.
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75. Disablement benefit.
(1) Subject to this Act, an insured person who suffers personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, shall be entitled to disablement benefit where he or she suffers as a result of the accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with subsections (3) to (11) amounts to not less than 15 per cent.
(1A) In the case of any assessment of disablement -
(a) where the period to be taken into account by the assessment began before 1 January 2012, or
(b) where there has been a provisional assessment, and -
(i) the initial period to be taken into account by the assessment began before 1 January 2012, and
(ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012,
subsection (1) shall be read as if "not less than 1 per cent" were substituted for "not less than 15 per cent".