2DTransitional—1979 amendments—compensation

2D Transitional—1979 amendments—compensation (1) Subject to subsection (2) but notwithstanding anything to the contrary in any other provision of this Act or in any rule of law or construction, the provisions of this Act as amended by section 6 of the **Workers Compensation (Miscellaneous Provisions) Act 1979** so far as they relate to the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of an injury of a worker shall apply with respect to every payment of compensation made on or after the commencement of this section, whether the date of the occurrence of the injury was before or is on or after the commencement of this section and irrespective of the origin of the injury or disease giving rise to the compensation, and notwithstanding the fact that compensation had accrued or was payable before the said commencement but was unpaid before that date or that— (a) an award for a lesser rate or amount may have been made by the Board before the said date; or (b) payment at a lesser rate or of a lesser amount may have been made before that date. (2) Notwithstanding anything to the contrary in this Act or in any rule of law or construction, where the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of an injury of a worker are increased or decreased in any year pursuant to the provisions of section 9(3), the rates and amounts of compensation as so increased or decreased shall apply in respect of every payment of compensation accruing on or after 1 July in that year whether the date of the occurrence of the injury was before or is on or after that date and irrespective of the origin of the injury or disease giving rise to the compensation, and notwithstanding the fact that— S. 2D(2)(a) amended by Nos 10191 s. 258(3), 50/1994 s. 110(e). (a) an award for a lesser rate or amount may have been made by the Board, the Tribunal or the County Court (as the case may be) before that date; or (b) payments at a lesser rate or of a lesser amount may have been made before that date. (3) The provisions of this Act, so far as they relate to rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of the death of a worker, shall— (a) where the death occurs on or after the commencement of this section—apply as amended by section 6 of the **Workers Compensation (Miscellaneous Provisions) Act 1979**; and (b) except as provided by paragraph (a)—continue to apply notwithstanding the commencement of section 6 of the **Workers Compensation (Miscellaneous Provisions) Act 1979** as in force immediately before the said commencement. (4) Where the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of the death of a worker are increased or decreased in accordance with the provisions of section 9(3), the rates or amounts of compensation shall— (a) where the death occurs on or after the date of the increase or decrease—apply as so increased or decreased; and (b) except as provided by paragraph (a)—continue to apply notwithstanding the increase or decrease as in force immediately before the increase or decrease. S. 2E inserted by No. 9297 s. 2.