(1) If a disabled person is a female and has—
(a)
a husband who is incapable of supporting himself due to physical or
mental incapacity occasioned without his default; or
(b)
one or more children who are incapable of supporting themselves and
have no father who is both able and willing to support them; or
(c)
a dependant who—
(i)
is not her husband or child; and
(ii)
is wholly or partly incapable of supporting himself; and
(iii)
is in need of support;
the Commissioner may award in respect of such husband, children or dependant, as
the case may be, the compensation that would have been payable in terms of this Act
had the disabled person been a male and had a wife or children or a dependant, as the
case may be, in those circumstances.
(2) If a disabled person is a female who is—
(a)
married, her earnings shall, for the purpose of calculating the amount
of any compensation payable to her in terms of this Act, be deemed to be the amount
of the pension which would have been payable in terms of section nineteen had she
been a widow;
(b)
unmarried, her earnings shall, for the purpose of calculating the
amount of any compensation payable to her in terms of this Act, be deemed to be
such amount as the Commissioner may determine.
(3) If a deceased person was a female and leaves—
(a)
a widower who is incapable of supporting himself due to physical or
mental incapacity occasioned without his default; or
(b)
one or more children who are incapable of supporting themselves and
have no father who is both willing and able to support them; or
(c)
a dependant who—
(i)
is not her husband or child; and
(ii)
is wholly or partly incapable of supporting himself; and
(iii)
is in need of support;
the Commissioner may award to such widower or in respect of such children or
dependant, as the case may be, the compensation that would have been payable in
terms of this Act had the deceased person been a male and left a widow or children or
a dependant, as the case may be, in those circumstances.
(4) If a deceased person was a female, her earnings shall—
(a)
for the purpose of calculating the amount of any compensation
payable in respect of her death in terms of this Act; and
(b)
whether or not she was married;
be deemed to have been such amount as the Commissioner may determine.
25
Special provisions relating to minors
(1) In this section—
“minor” means an unmarried person who has not attained the age of nineteen years.
(2) Notwithstanding anything contained in this Act—
(a)
there shall be paid in respect of the disablement of a minor such
compensation as the Commissioner may consider appropriate after taking into
account—
(i)
such of the provisions of this Act as the Commissioner may consider
relevant; and
(ii)
the circumstances of the minor and of the parents, if any, of the minor;
(b)
no pension shall be payable to any person in respect of the death of a
minor.
26
Educational allowances
(1) If any pension or allowance payable in terms of this Act in respect of the child of
a disabled person or deceased person has ceased because the child has reached the age
of nineteen or twenty-one years, as the case may be, and that child continues to
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