Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter VI : Compensation Generally78. Application for and award of benefits |
| (1) | No right to a benefit to which a person became entitled under the previous Act, but which was not awarded to that person before the commencement of this Act, and no right to a benefit in respect of a compensatable disease under this Act, shall become effective until such benefit has been awarded by the commissioner. |
| (2) | No benefit shall be awarded by the commissioner except on an application made by or on behalf of the person concerned on a form provided for that purpose by the commissioner, which shall be accompanied by such information and documents as the commissioner may require: Provided that— |
| (a) | no application shall be required in respect of a right to a pension which supersedes a pension awarded under the previous Act, and any such right shall take effect at the commencement of this Act; and |
| (b) | the commissioner may in his discretion award any benefit even though application for it has not been made, and give effect to the award from a date determined by him or her but not preceding the date upon which the beneficiary became entitled to the benefit. |
| (3) | [Section 78(3) deleted by section 9 of the Pension Laws Amendment Act, No. 89 of 1988] |
| (4) | [Section 78(4) deleted by section 9 of the Pension Laws Amendment Act, No. 89 of 1988] |
| (5) | Any application for a benefit in terms of this Act on account of a finding of the certification committee, given before the fixed date, shall be disposed of in terms of the provisions of this Act which were in force immediately prior to the fixed date and as if the Amendment Act was not enacted. |
[Section 78(5) substituted by section 24 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]