Western Australian Consolidated Regulations

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COAL INDUSTRY SUPERANNUATION REGULATIONS 1990 - REG 26

26 .         Time and mode of payment of benefits

        (1)         Notwithstanding anything contained in these regulations the Board may — 

            (a)         make an interim payment in respect of any benefit;

            (b)         postpone the payment of the whole or part of any benefit for any period not exceeding 6 months after the happening of the event upon which the benefit became payable;

        [(c)         deleted]

            (d)         make payment of any benefit itself or cause or arrange for such payment to be made for or on its behalf.

        (2)         Where the payment of any amount is postponed under subregulation (1) interest at such rates as are determined from time to time by the Board shall be added to the amount so postponed from the date on which the benefit entitlement arose to a date, not more than 28 days before payment, determined by the Board.

        (3)         Where, after a benefit has been paid to a member under a regulation, it is established that the member was eligible for a benefit under another regulation, the Board may pay to or in respect of that member the benefit payable under the latter regulation but any amount previously paid to the member shall be deducted from the benefit payable under the latter regulation.

        (4)         Where a person who is or may be entitled to any benefit is, in the opinion of the Board, unable by reason of mental incapacity to manage his or her own affairs, the Board may pay that benefit — 

            (a)         to a person appointed under the Mental Health Act 1996 to be the manager of the estate of the first-mentioned person, or, if there is no such manager, to any other person, for or on behalf of the first-mentioned person; or

            (b)         to the dependants of the first-mentioned person.

        (5)         A payment under subregulation (4) shall, without any thing more, be a sufficient discharge to the Board.

        [Regulation 26 amended in Gazette 31 Dec 1992 p. 6368; 8 Sep 1998 p. 4910.]



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