91When weekly payments may be terminated or reduced

91 When weekly payments may be terminated or reduced

(1)  Except in pursuance of a determination made by the Tribunal under section 58 or section 94 , the Commissioner may, subject to this section, terminate or reduce a weekly payment made to a person only if –

(a) the payment is in respect of total incapacity and the person has returned to work; or

(b) the person –

(i) is receiving the weekly payment in respect of partial incapacity; and

(ii) is receiving weekly earnings in excess of the amount upon which the amount of the weekly payment was determined; or

(c) a medical practitioner who has examined the person has given a medical certificate certifying that, in the practitioner's opinion –

(i) the person has wholly recovered, or substantially recovered, from the effects of the asbestos-related disease in respect of which the payment is being made; or

(ii) the person's incapacity is no longer due, wholly or substantially, to that disease or another asbestos-related disease.

(2)  A certificate referred to in subsection (1)(c) is to specify the grounds upon which the opinion expressed in it is given.

(3)  If the Commissioner, for the reason specified in subsection (1)(c) , intends to terminate or reduce a weekly payment made to a person, the Commissioner must serve on the person –

(a) notice of the Commissioner's intention; and

(b) if the Commissioner's intention to terminate or reduce is based on a medical certificate referred to in subsection (1)(c) , a copy of that certificate.

(4)  A notice, referred to in subsection (3)(a) , to a person must state that the Commissioner intends to –

(a) terminate the weekly payment being made to the person; or