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Disablement benefit — claims made outside the prescribed time.
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21.—Section 205 of the Principal Act (as amended by section 32 of the Act of 1997) is hereby amended by—
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>(a) the insertion in subsection (2)(c) after “occupational injuries benefit” of “(other than disablement benefit under section 54, an increase in disablement benefit under sections 56 and 57 or death benefit by way of pension under sections 60, 61 and 62)”, and
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>(b) the substitution for subsection (2)(d), (e) and the proviso of the following paragraphs and proviso:
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“(d) in the case of disability benefit, sickness allowance or disability allowance, in respect of any period more than 7 days before the date on which the claim is made,
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(e) in the case of maternity benefit—
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(i) where the claim is made before the end of the week of confinement, payment in respect of any period before the beginning of the week in which the claim is made,
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(ii) where the claim is made after the end of the week of confinement, payment in respect of any period before the beginning of the seventh week before the week in which the claim is made not being earlier than the commencement of the week of confinement, and
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(f) in the case of disablement benefit under section 54, an increase in disablement benefit under section 56 or section 57 or death benefit by way of pension under sections 60, 61 or 62, in respect of any period more than 3 months before the date on which the claim is made:
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Provided that in the case of a benefit to which paragraphs (c), (d), (e) or (f) apply, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that—
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(I) on a date earlier than the date on which his or her claim for benefit (including any increase thereof) was made, apart from satisfying the condition of making a claim, he or she was entitled thereto, and
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(II) throughout the period between the earlier date and the date on which his or her claim was made there was good cause for the delay in making a claim, he or she shall not be disqualified for receiving payment in respect of any such period referred to in subparagraph (I) which does not exceed 6 months before the date on which the claim is made.”, and
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(c) the substitution in subsection (2D) for “an officer of the Minister appointed by the Minister for this purpose.” of “a deciding officer or an appeals officer, as the case may be.”.
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