Where money received under settlement, &c., before application made by person with non-imminently fatal compensable disease
111 Where money received under settlement, &c., before application made by person with non-imminently fatal compensable disease
This subsection applies to a person in relation to an asbestos-related disease if the person – receives an amount of money in accordance with a relevant judgment or settlement in relation to the disease; and then makes an application for compensation in relation to the disease; and a determination, relating to the application for compensation, is made under section 70(1)(a) that the person is entitled to compensation by way of a lump sum in relation to the disease; and a determination, relating to the application for compensation, is made under section 70(2)(b) that the person has a non-imminently fatal asbestos-related disease.
If subsection (1) applies to a person in relation to a disease, then, despite Division 1 of Part 7, the person is only entitled under section 70(1)(a) to receive an amount of compensation by way of a lump sum in accordance with that Division if the amount received in accordance with the relevant judgment or settlement in relation to the disease is less than the amount equal to 360 compensation units.
If subsection (1) applies to a person in relation to a disease, then, despite Division 1 of Part 7, the amount of compensation by way of a lump sum payable to the person under Division 1 of Part 7 is the relevant amount in relation to the person.
For the purposes of subsection (3) the relevant amount in relation to the person is the amount to which the person would be entitled under Division 1 of Part 7, less the amount received in accordance with the relevant judgment or settlement in relation to the disease.
This subsection applies to a person in relation to an asbestos-related disease if – the person receives an amount of money in accordance with a relevant judgment or settlement in relation to the disease; and then receives an amount of compensation by way of a lump sum in accordance with subsection (3); and then the person applies under section 74 or 76 for compensation under this Act by way of a lump sum in relation to the disease; and a determination is made under section 75 or 77 that the person is entitled to receive compensation under that section.
If subsection (5) applies to a person in relation to an asbestos-related disease, then, despite section 75 or 77, the person is only entitled to receive, in relation to that disease, compensation by way of a lump sum under that section if the amount received in relation to the disease by the person under the relevant judgment or settlement referred to in subsection (5) is less than the total of – the lump sum amounts to which the person would, but for the operation of subsection (5), be entitled under section 75 or 77 in relation to that disease; and the lump sum amounts already received by the person under Division 1 of Part 7 in relation to that disease; and the lump sum amount, if any, received by the person under section 75, in relation to that disease.
If – a person is entitled to receive, in relation to a disease, compensation in accordance with subsection (6); and subsection (1) applied to the person in relation to the disease – then, despite section 75 or 77, the amount of compensation by way of a lump sum under section 75 or 77 that the person is entitled to receive in relation to that disease is the relevant amount in respect of the person in relation to the disease.
For the purposes of subsection (7), the relevant amount in respect of a person in relation to a disease is the amount equal to the amount that, but for that subsection, the person would have been entitled to receive as compensation by way of a lump sum under section 75 or 77 in relation to the disease, less the windfall amount in respect of the person in relation to the disease.
For the purposes of subsection (8) the windfall amount in respect of a person in relation to a disease is the amount by which the relevant judgment or settlement in respect of the person in relation to the disease is greater than the total of – the lump sum amounts to which the person would, but for the operation of subsection (5), be entitled under section 75 or 77 in relation to that disease; and the lump sum amounts already received by the person under Division 1 of Part 7 in relation to that disease; and the lump sum amount, if any, received by the person under section 75, in relation to that disease.
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