NSWIn ForceAct
Coal and Oil Shale Mine Workers (Superannuation) Act 1941
19AEligibility of mine workers for subsidies
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#### 19A Eligibility of mine workers for subsidies
19A Eligibility of mine workers for subsidies
> > (1) Any mine worker who, in respect of incapacity due to the inhalation of dust in coal or oil shale mines in New South Wales—
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> > > (a) has at any time before or after the commencement of the [Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947](/view/pdf/asmade/act-1947-39) been awarded compensation under the [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15), or the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), or
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> > > (b) has at any time before the commencement of the [Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947](/view/pdf/asmade/act-1947-39) received compensation pursuant to any agreement with an insurer within the meaning of the [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15),
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> > shall be eligible for a subsidy in accordance with the provisions of this Part.
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> > (2) Notwithstanding anything contained in subsection (1) a mine worker who, in respect of incapacity due to the inhalation of dust in coal or oil shale mines in New South Wales, has after the commencement of the [Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947](/view/pdf/asmade/act-1947-39) been awarded compensation under the [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15) shall, where such award was made operative from a date prior to such commencement, be deemed to have been eligible for a subsidy from such date in accordance with the provisions of this Part.
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> > (3) A mine worker who in accordance with the foregoing provisions of this section is eligible for a subsidy in accordance with the provisions of this Part shall not be entitled to any benefits under the AUSCOAL Rules relating to the payment of pensions.
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> **s 19A:** Ins 1947 No 39, sec 2 (1) (a). Am 1949 No 26, sec 5 (a); 1951 No 52, sec 6 (1) (a); 1971 No 17, sec 9 (1) (a); 1978 No 28, Sch 1 (29); 1987 No 79, Sch 1; 1994 No 85, Sch 3 (31).