Members of family of person who has compensable disease entitled to compensation
31 Members of family of person who has compensable disease entitled to compensation
A person is a relevant deceased person for the purposes of this section if – he or she is a person who has a compensable disease; and he or she dies; and an asbestos-related disease was reasonably likely to be a significant factor contributing to his or her death or he or she had an imminently fatal asbestos-related disease.
Subject to this Act, a person is entitled to compensation under this Act if – the person is – a member of the family of a compensable person who is a relevant deceased person; and a person to whom all or part of any compensation payable under this Act may be provided in accordance with Schedule 1 as it applies in relation to the person who is a compensable person; and the relevant deceased person died within 12 months before the commencement day.
Subject to this Act, a person is entitled to compensation under this Act if – the person is – a member of the family of a compensable person who is a relevant deceased person; and a person to whom all or part of any compensation payable under this Act may be provided in accordance with Schedule 1 as it applies in relation to the person who is a compensable person; and the relevant deceased person dies after the commencement day.
A person is not entitled to compensation under this Act in respect of a relevant deceased person who died before 12 months before the commencement day.
A person who is a member of the family of a compensable person who is a relevant deceased person is not entitled to compensation under this Act in respect of the relevant deceased person if – the Commissioner has made a determination under this Act that the relevant deceased person is entitled to an amount of compensation by way of a lump sum that is equivalent to the maximum amount of lump sum compensation in relation to the relevant deceased person; or the Commissioner has made more than one determination under this Act that the relevant deceased person is entitled to an amount of compensation by way of a lump sum and the total of those lump sums is equivalent to the maximum amount of lump sum compensation in relation to the relevant deceased person.
For the purposes of subsection (5), the maximum amount of lump sum compensation in relation to a relevant deceased person is – 360 compensation units; and the number of compensation units determined under whichever of section 72(2)(b) or section 72(4)(b) applied to the relevant deceased person.
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