Section 10
Section 10
(1)
Nothing in this section shall prevent an employer from making any payment not exceeding $500 direct to a workman or dependant on account of a claim which is pend-ing settlement or determination, and the Commissioner may order that the whole or any part of such payment shall be 19
Distribution of compensa-tion
Fl
20
Workmen's Compensation deducted from the amount of compensation payable to the workman or dependant under the provisions of this Act.
(2)
Unless expressly authorised by the Commission-er in writing, no payment of compensation in respect of a workman whose injury has resulted in death, permanent total incapacity or permanent partial incapacity shall be made otherwise than by deposit with the Commissioner, and any such payment made directly to the workman or his dependants shall be deemed not to be payment of com-pensation for the purposes of this Act.
Provided that this subsection shall not apply to compensa-tion payable to a workman who is 18 years of age and above in respect of injury resulting in permanent partial incapac-ity:
(3)
Any other money which is payable as compensa-tion may, and where the person to whom it is payable so requests shall, be deposited with the Commissioner.
( 4) The receipt of the Commissioner shall be a suf-ficient discharge for any compensation deposited with him.
(5)
Subject to the provisions of section 38 of this
Act, the Commissioner shall make such enquiry as he may deem necessary to determine the number of dependants of a deceased workman and the extent to which they were de-pendent upon him:
·
(6)
Compensation deposited in respect of an acci-dent resulting in the death of a workman shall, subject to any deduction made under subsection (4), be apportioned among the dependants of the deceased workman or any of them in such proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner, be allotted to any one dependant.
-
-
-
Workmen's Compensation
(7)
Where any lump sum deposited with the
Commissioner is payable to a woman or to any workman or dependant who is below 18 years of age or is under any legal disability, the Commis-sioner may at his discretion cause such sum to be invested, applied or otherwise dealt with for the benefit of the workman or his dependants until he attains 18 years of age or during his disability, as the case may be, in such manner as the Commis-sioner may determine.
(b)
Where a periodical payment is payable to any workman under a legal disability the Commis-sioner may, of his own motion or on application made to him in that behalf, order that the payment be made during the disability to any dependant of the workman or to any other person whom the
Commissioner thinks best fitted to provide for the welfare of the workman.
(c)
In all other cases compensation whether or not deposited with the Commissioner shall be paid to the person entitled thereto.
(8)
If the Commissioner is satisfied after such inquiry as he may deem necessary that no dependant of a deceased workman exists or can be traced and the circumstances are such that there is no reasonable likelihood that any depen-dant can be traced he shall repay the balance of the money deposited with him under subsection (1) to the person by whom it was deposited.
(9)
The Commissioner shall, on application by the employer, furnish a statement showing in detail all disburse-ments made.
(10)
Where after inquiry made of his own motion or on application made to him the Commissioner is satisfied that, by reason of neglect of children on the part of a parent,
21
22
Compensa-tion not to be assigned, attached or charged
Notice of claim
Workmen's Compensation or of the death or a change in circumstances of any depen-dant, or for any other sufficient cause, an order of the Com-missioner as to the distribution of any sum paid as com-pensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Commissioner may make such orders for the variation of that order as he thinks just in the circumstances of the case:
Provided that no such order prejudicial to any person shall be made unless such person has been given an oppor-tunity of showing cause why the order should not be made, or shall in any case involve the repayment by a dependant of any sum already paid to him.
U. Save as provided by this Act, no lump sum or periodical payment payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the workman by operation of law nor shall any claim be set off against the same.