2CTransitional—1975 amendments—recompense etc.

2C Transitional—1975 amendments—recompense etc. (1) Where an additional amount is payable by an employer as compensation by virtue of section 2A(3), so far as it relates to rates of compensation, the employer shall, subject to subsections (2), (3) and (4), be entitled to be recompensed from the Fund for that additional amount. S. 2C(2) amended by No. 10191 s. 258(2)(a). (2) Where in pursuance of the provisions of section 72(1)(a) as in force before the appointed day an employer had elected not to be indemnified or insured in respect of the first $500 of any claim for compensation, subsection (1) shall not entitle him to be recompensed from the Fund in respect of that first $500. S. 2C(3) amended by Nos 10191 s. 258(2)(b), 50/1994 s. 110(a). (3) Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $25 930, subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $25 930. S. 2C(4) amended by Nos 10191 s. 258(2)(c), 50/1994 s. 110(b). (4) Where in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $25 930, subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $25 930. S. 2C(5) amended by Nos 10191 s. 258(2)(d), 50/1994 s. 110(c). (5) An insurer may, and shall if required by the Authority to do so, pay on behalf of an employer any additional amount payable as compensation by virtue of section 2A(3), so far as it relates to rates of compensation. S. 2C(6) amended by Nos 10191 s. 258(2)(e) (i)–(iii), 50/1994 s. 110(c). (6) Subsection (5) shall not be construed as permitting the Authority to require an insurer to pay or the insurer to pay the first $500 of any claim in respect of which the employer had elected not to be indemnified or insured pursuant to the provisions of section 72(1)(a) as in force before the appointed day. (7) Subject to subsections (8) and (9), where an insurer pays or is required to pay an amount under subsection (5), the insurer shall be entitled to be recompensed from the Fund for that additional amount. S. 2C(8) amended by Nos 10191 s. 258(2)(f), 50/1994 s. 110(a). (8) Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $25 930, subsection (7) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $25 930. S. 2C(9) amended by Nos 10191 s. 258(2)(g), 50/1994 s. 110(b). (9) Where in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $25 930, subsection (7) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the total liability exceeds $25 930. (10) Where in respect of an injury of a worker an employer or insurer— (a) has been recompensed from the Fund in pursuance of subsection (1) or subsection (7); and (b) has recovered by virtue of section 62 an amount of damages in respect of that injury— the employer or insurer shall forthwith pay into the Fund an amount equal to an amount calculated in accordance with the formula ![]() where— A is the amount that has been recompensed from the Fund; B is the amount recovered by virtue of section 62; and C is the total amount of compensation payable under this Act. S. 2C(11) amended by Nos 10191 s. 258(2)(h), 50/1994 s. 110(d). (11) Where— S. 2C(11)(a) amended by Nos 10191 s. 258(2)(h), 50/1994 s. 110(d). (a) in pursuance of section 9(2) the County Court awards a lump sum in respect of an injury of a worker arising out of or in the course of the employment of the worker before 1 July 1975; and S. 2C(11)(b) amended by Nos 10191 s. 258(2)(h), 50/1994 s. 110(d). (b) the County Court considers that the worker's total or partial incapacity for work resulting from that injury continues or will continue after 30 June 1975— (c) the period of total or partial incapacity for which the award is calculated; (d) the weekly payment used to calculate the sum awarded for the period of total or partial incapacity ending on 30 June 1975; and (e) the weekly payment used to calculate the sum awarded for the period of total or partial incapacity commencing on and from 1 July 1975. S. 2D inserted by No. 9297 s. 2.