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s 39

If person who has compensable disease dies

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Part 4Applications for Compensation
Division 2Time in which applications to be made

39 If person who has compensable disease dies

An application for compensation relating to a person who has a compensable disease and who died within 12 months before the commencement day may only be made by a person who is entitled to compensation under section 31(2) if the application is made within – 12 months after the commencement day; or a period, if any, determined by the Commissioner or the Tribunal under section 40, that ends after the 12-month period referred to in paragraph (a).

An application for compensation relating to a person who has a compensable disease and who has died may only be made by a person who is entitled to compensation under section 31(3) if the application is made within – 12 months after the death of the person who has a compensable disease; or a period, if any, determined by the Commissioner or the Tribunal under section 40, that ends after the 12-month period referred to in paragraph (a).

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