30.
Compensation to be inalienable.
31.
Insolvency of pensioner.
32.
Proof of certain particulars.
33.
Compensation and other moneys to be paid from Consolidated
Revenue Fund.
34.
Offences and penalties.
35.
Regulatory powers of Minister.
36.
Transitional provisions and savings.
FIRST SCHEDULE: Degree of Disablement.
SECOND SCHEDULE: Children’s Pensions and Allowances.
THIRD SCHEDULE: Table For Calculating Commutation of Pension.
AN ACT to provide for the payment of compensation in respect of injuries to or the
death of persons caused by the war; and to provide for matters incidental to or
connected with the foregoing.
[Date of Commencement: 14th November, 1980.]
PART I
PRELIMINARY
1
Short title
This Act may be cited as the War Victims Compensation Act [Chapter 11:16].
2
Interpretation
(1) In this Act—
“appeal” means an appeal to the Minister in terms of section twenty-nine;
“child”, in relation to a disabled person or deceased person, means an unmarried
legitimate or legitimated son or daughter of that person, including a posthumous
child, a step-child or a child legally adopted, which son or daughter—
(a)
has not attained the age of nineteen years and is or was at the date of
the injury to or death of that person dependent upon him for support; or
(b)
is, in terms of a declaration made in terms of subsection (2), a child
for the purposes of this Act;
“claimant” means a person by whom or on whose behalf a claim for compensation is
made in terms of section five;
“Commissioner” means the Commissioner of War Victims Compensation referred to
in section three;
“compensation” means any compensation, pension, allowance or other benefit,
including medical aid, which is payable or provided for under this Act;
“deceased person” means a deceased person in respect of whose death compensation
is payable in terms of this Act;
“degree of disablement” means the degree of disablement due to an injury expressed
as a percentage of total disablement which shall be taken as one hundred per centum;
“dependant”, in relation to a deceased person, means—
(a)
a child or widow of that deceased person; or
(b)
any person not referred to in paragraph (a) who was wholly or partly
maintained by that deceased person at the date of his death or of the injury which
caused his death and for a reasonable period before that date;
“disabled person” means a person suffering from disablement in respect of which
compensation is payable in terms of this Act;
“disablement” means disablement for employment or permanent injury or
disfigurement;
“disablement pension” means a pension payable in terms of section eight;
“earnings”, in relation to a deceased person or disabled person, means the annual rate
of earnings of that person as assessed by the Commissioner in terms of section
twenty-four or twenty-eight as the case may be;
“injury” means—
(a)
ill-health, physical or mental incapacity or personal injury; or
(b)
an aggravation to a material extent of pre-existing ill-health, physical