Cap. 318 Art. 29Injury Grant and Injury Pension.

(1) Where the accident or industrial disease, as is referred to in article 28, results in the permanent loss of physical or mental faculty, the person concerned shall be entitled to Injury Grant or

Injury Pension in accordance with the following sub-articles of this article:

Provided that a person shall not be entitled to receive an Injury Grant or Injury Benefit under this article and Injury Benefit under article 28 at the same time: Provided further that for the purposes of this article there shall be deemed not to be any loss of faculty at any time when the extent of the resulting bodily or mental impairment would be assessed in accordance with the following provisions of this article at less than 1%.

(2) In assessing the extent of the bodily or mental impairment aforesaid in this article, the medical panel or the medical officer appointed by the Minister for this purpose, from time to time, shall take account of all such bodily or mental impairments (whether or not involving loss of earning power or additional expense) to which the claimant may be expected to be subject as compared with a person of the same age whose physical and mental condition is normal, but excluding any other particular circumstances with regard to his financial means or resources.

(3) An assessment shall state the degree of bodily or mental impairment in the form of a percentage which shall be determined by the aforesaid medical panel or the medical officer, and where the extent of such bodily or mental impairment is assessed at less than 20%, the insured person concerned shall be entitled to Injury Grant in accordance with Part II of the Third Schedule to this Act, and where the extent of such bodily or mental impairment is assessed at 20% or more, but not exceeding 89%, the insured person concerned shall be entitled to Injury Pension, the highest rate of which shall be paid in accordance with Part III of the said Third Schedule to this Act; sohowever that, for any extent of such bodily or mental impairment between 20% and 89% the rate of pension payable shall be calculated in a proportionate manner, to the nearest whole cent, as the degree of such bodily or mental impairment bears to 89%: Provided that with effect from 6th January, 2015 persons certified to be suffering from mesothelioma in accordance with the provisions of the Fourth Schedule and who have reached pensionable age or are in receipt of a pension by virtue of article 26, are entitled to a Disablement Grant in accordance with the highest percentage degree of disability according to the provisions of Part II of the Third Schedule.

(4) Where the degree of bodily or mental impairment as is referred to in sub-article (3) is assessed at 90% or more the person concerned shall neither be entitled to an Injury Grant nor to an Injury Pension but shall instead be automatically entitled to the full rate of Invalidity Pension or Increased Invalidity Pension or National Minimum Pension, as the case may be, in accordance with the Twelfth Schedule to this Act.

(5) A person shall be disqualified from receiving any pension under this article for any period as may be deemed fit in the circumstances of the case by the Director for the same reason indicated in article 18(6)(a) and (b).