28Determination as to right to scheduled benefits

28 Determination as to right to scheduled benefits

[Section 28 Subsection (8) substituted by No. 122 of 1977, s. 12 ]**[Section 28 Substituted by No. 6 of 1991, s. 8 ]

(1)  *[Section 28 Subsection (1) substituted by No. 50 of 1994, s. 4 ]*The Board is to determine –

(a) whether or not a person is to be treated as a person within a class of persons to whom scheduled benefits may be paid; and

(b) the right of a person to be paid any scheduled benefit; and

(c) the amount of any scheduled benefit to be paid to a person.

(2)  A person aggrieved –

(a) by a determination under subsection (1) ; or

(b) by a refusal or failure of the Board to make a payment by way of a scheduled benefit –

may refer the matter to the Tribunal.

(3)  The Board may, at any time, refer any matter to the Tribunal affecting –

(a) the right of a person to a scheduled benefit; or

(b) the amount of any scheduled benefit.

(4)  The Tribunal shall make such determination on a matter referred to it as it considers proper in the circumstances.

(5)  A determination under subsection (4) binds –

(a) the Board; and

(b) any other party to the reference to the Board.

(6)  [Section 28 Subsection (6) amended by No. 6 of 2019, s. 4, Applied:08 May 2019] [Section 28 Subsection (6) omitted by No. 18 of 2021, s. 289, Applied:05 Nov 2021] .  .  .  .  .  .  .  .  

(7)  [Section 28 Subsection (7) amended by No. 18 of 2021, s. 289, Applied:05 Nov 2021] A determination of the Tribunal varied by the Supreme Court under the has effect, as varied, as a determination by the Tribunal.