New South Wales Consolidated Acts

COAL AND OIL SHALE MINE WORKERS (SUPERANNUATION) ACT 1941 - SECT 19B

19B Amount of subsidy

(1) The amount of subsidy per week payable to any mine worker eligible for a subsidy in pursuance of section 19A shall, subject to any deductions required to be made as hereinafter provided, be:

(a) the maximum amount per week which would be payable by way of compensation in accordance with the provisions of the Workers’ Compensation Act 1926 or the Workers Compensation Act 1987 (whichever is applicable), to or in respect of such mine worker had such mine worker been awarded compensation for total incapacity due to the inhalation of dust,

(b) an amount equivalent to the pension that the mine worker would have been entitled to receive per week under the relevant provisions of the AUSCOAL Rules had the mine worker been under 65 years of age and eligible to receive that pension, together with such additions as the mine worker would be entitled to receive per week under the relevant provisions of those Rules had the mine worker been eligible to receive that pension, or

(c) in the case of a mine worker who would not be entitled to a pension at the married person’s rate if eligible to receive a pension under the relevant provisions of those Rules-the amount prescribed by those Rules for such a mine worker,

whichever is the greater.

(2) The deductions which shall be made from any subsidy per week payable to a mine worker under this Part shall be:

(a) except where the amount of the subsidy is determined under subsection (1) (c), an amount equal to the amount by which (if the mine worker were receiving a pension under the relevant provisions of the AUSCOAL Rules) that pension and any additions to that pension that the mine worker would be receiving under the relevant provisions of those Rules, would have been reduced, having regard to the relevant provisions of those Rules,

(b) where any weekly payments of compensation are payable to or in respect of the mine worker under the Workers’ Compensation Act 1926 or the Workers Compensation Act 1987 or any agreement referred to in paragraph (b) of subsection (1) of section 19A-the amount of such weekly payments.

(2AA) However, in the case of a mine worker who is of or over 60 years of age, subsection (2) (b) does not operate so as to reduce the subsidy payable to the mine worker to an amount less than that to which the mine worker would have been entitled if the mine worker were receiving:

(a) a pension under the AUSCOAL Rules, and

(b) any additions to the pension that the mine worker would have been receiving under those Rules.

(2A) Where a weekly subsidy is payable to a mine worker under this Part and such mine worker has been offered and has accepted employment in accordance with the provisions of paragraph (d) of subsection (1) of section 19F, an amount equivalent to one-third of such subsidy shall be deducted, during the period of such employment, from the amount of subsidy to which such mine worker is eligible in accordance with the provisions of subsection (1) and subsection (2).

(3) Where a mine worker has received or receives a lump sum in redemption or commutation of weekly payments of compensation under the Workers’ Compensation Act 1926 or the Workers Compensation Act 1987 or any agreement referred to in paragraph (b) of subsection (1) of section 19A, no subsidy shall be payable to such mine worker until the expiration of a period ascertained as follows:

The period shall be the period during which, if the weekly payments of compensation to such mine worker under the award or agreement in respect of such compensation had been continued as from the date of acceptance of such lump sum, the total sum would have been so payable to such mine worker as from such date would have been equal to the amount of such lump sum, less such portion of such lump sum as the Corporate Trustee is satisfied has either before or after the commencement of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1950 been applied by the mine worker in the purchase of the mine worker’s home, redeeming any mortgage on the mine worker’s home, or payment of medical expenses in connection with incapacity due to the inhalation of dust.

In calculating the total sum which would have been so payable to such mine worker for the purposes of this subsection, no regard shall be had to any provision of this Act that would, but for this paragraph, require the deduction of any amount from such total sum.

(4) The disqualification under subsection (3) shall:

(a) in respect of a mine worker who, before the first day of November, one thousand nine hundred and fifty-one, has attained the age of sixty years, cease to have effect on the said date,

(b) in respect of a mine worker who, after such date, attains the age of sixty years, cease to have effect upon the date on which the mine worker attains that age.

(6) Paragraphs (b) and (c) of subsection (1) do not apply to or in respect of a mine worker entitled to a lump sum benefit payment under the AUSCOAL Rules.