### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

20C. Manner of payment of relief payment
(1) Subject to subsections (3), (4) and (5) and sections 20D to 20G, where the amount of a relief payment does not exceed the prescribed relief payment, the Board shall pay the amount in full to the eligible person or eligible persons, as the case may be. 
(2) Subject to subsections (3), (4) and (5) and sections 20D to 20G, where the amount of a relief payment exceeds the prescribed relief payment, the Board shall pay the amount to the eligible person or eligible persons, as the case may be, as follows—
(a) a first payment equivalent to the prescribed relief payment; and
(b) subject to section 20D, subsequent monthly payments at the rate of—
(i) the prescribed monthly amount; or
(ii) the monthly earnings of the injured employee at the time of the accident concerned,
whichever is the higher, together with, in the case of an eligible person who is a severely injured relevant eligible person, the prescribed monthly amount (extra).
(3) A surviving child who was an eligible person falling within paragraph (a)(ii)(B) of the definition of eligible person at the time of the death of the injured employee—
(a) shall be entitled to the payment under subsection (1) or (2)(a) notwithstanding that he has attained the age of 21 years or above at the time the payment is made;
(b) shall not be entitled to a payment under subsection (2)(b) if he has attained the age of 21 years or above at the time the payment would, but for this paragraph, be made.
(4) Where 2 or more eligible persons are entitled to receive a relief payment, the amount of relief payment paid to each eligible person shall not exceed the amount to which they are respectively entitled under section 20F.
(5) For the purposes of calculating the rate of payments under subsection (2)(b), the monthly earnings of the employee concerned shall mean the employee’s earnings as determined in accordance with section 11 of the Employees’ Compensation Ordinance (Cap. 282).
(Added 16 of 2002 s. 12)

### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

20D. Cessation of payments under section 20C(2)(b)
(1) Payments under section 20C(2)(b) (other than a prescribed monthly amount (extra)) shall be payable until—
(a) subject to section 20G, the amount of relief payment has been fully paid; or
(b) in the case of each eligible person entitled to receive such payments, the person—
(i) dies; or
(ii) ceases to be entitled to receive such payments pursuant to section 20E,
whichever is the earlier.
(2) A prescribed monthly amount (extra) under section 20C(2)(b) shall be payable until—
(a) subject to section 20G, the amount of relief payment has been fully paid; or
(b) the severely injured relevant eligible person entitled to receive such payment—
(i) dies; or
(ii) has been fully paid the amount to which he is entitled, whether as relief payment or payment of damages from the employer or insurer concerned, including any combination thereof,
whichever is the earlier.
(Added 16 of 2002 s. 12)

20E. When eligible person ceases to be entitled to relief payment
An eligible person shall cease to be entitled to a relief payment where—
(a) subject to section 20C(3) in the case of an eligible person falling within paragraph (a)(ii)(B) of the definition of eligible person, the person attains the age of 21 years;
(b) the eligible person has been paid the amount to which the eligible person is entitled, whether as relief payment or payment of damages from the employer concerned, including any combination thereof.
(Added 16 of 2002 s. 12)

### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

20F. Apportionment of relief payment
(1) Where 2 or more eligible persons are entitled to receive a relief payment in respect of a deceased employee, then the relief payment shall be apportioned as follows—
(a) either—
(i) on a pro rata basis in accordance with the respective amounts awarded to the eligible persons by the court mentioned in section 20A(2); or
(ii) on an equal share basis if subparagraph (i) is not applicable or that court has not otherwise made an order on how the amount of damages should be apportioned amongst the eligible persons;
(b) where an eligible person has died or is no longer entitled to a relief payment, the relief payment shall be re-apportioned to the remaining eligible persons in proportion to the outstanding amount of relief payment respectively due to them;
(c) where an eligible person makes a successful application to the Board for a relief payment at a time when the payments under section 20C(2)(b) are being made to other eligible persons, the payments shall be re-apportioned—
(i) from the date the Board makes a determination under section 22 that the first-mentioned eligible person is entitled to the relief payment; and
(ii) to the first-mentioned eligible person and the other eligible persons in proportion to the outstanding amount of relief payment respectively due to them.
(2) For the avoidance of doubt, it is hereby declared that the re-apportionment of a relief payment under this section shall correspond with whichever of subsection (1)(a)(i) or (ii) is applicable to the relief payment.
(Added 16 of 2002 s. 12)

20G. Set-off
Where an eligible person—
(a) is receiving payments under section 20C(2)(b); and
(b) during the course of receiving the payments, receives any payment of an amount of damages in relation to the injury to which the payments relate,
then the Board shall set-off from the outstanding amount of the payments due to the eligible person the amount of damages (including damages by way of indemnity) so received by the eligible person.
(Added 16 of 2002 s. 12)

### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

21. Applications
(1) An application for payment from the Fund under this Part shall, subject to section 25—
(a) be made to the Board; and
(b) unless the Board otherwise directs, be made in the manner and form specified by the Board. (Amended 16 of 2002 s. 13)
(2) Upon receipt of an application under this Part, the Board shall carry out such inquiries as it considers necessary to make a determination under section 22.
(3) It is the duty of every applicant to assist the Board in carrying out inquiries under this section, and where an applicant fails without reasonable excuse so to assist the Board, the Board may, notwithstanding any other provision, determine that the applicant shall not be entitled to payment from the Fund.
(4) For the purpose of carrying out inquiries under this section the Board may—
(a) require the employer (or the employee’s representative) or the employee or his member of the family or representative, the employer’s insurer or any other employee of the employer to furnish such information or particulars relating to an application; and (Replaced 16 of 2002 s. 13)
(b) make such inquiries from any other person connected or associated with the application,
as the Board considers necessary.
(5) Where, by reason of the failure of a person other than an applicant to comply with a requirement or respond to an inquiry of the Board under subsection (4) an applicant or the Board incurs additional expense in proving or determining an application under this Part, such additional expense is recoverable from that person by the applicant or the Board as a debt due to the applicant or the Board, as the case may be.