Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

Section 31(2), section 35(1), section 98 and section 112(4)

Part 1 Interpretation

1. Interpretation

In this section –

deceased person means a person who has a compensable disease and who has died.

deceased person means a person who has a compensable disease and who has died.

deceased person

For the purposes of this Schedule, a person ceases to be a surviving child of a deceased person if the person attains the age of 22 years before the death of the deceased person.

For the purposes of this Schedule, a person survives a deceased person only if the first-mentioned person is alive at the time a determination under section 70(4)(a) is made of the amount payable under this Act to members of the family of the person who has a compensable disease.

Part 2 Where person survived by child but there is no surviving spouse

1. Where person only survived by one child If the deceased person is not survived by a spouse but is survived by only one child of the deceased person, the child is entitled to all of the amount of the lump sum referred to in section 98.

2. Where person survived only by more than one child If the deceased person is not survived by a spouse but is survived by more than one child of the deceased person, the amount of the lump sum referred to in section 98 is to be divided equally between the children.

Part 3 Where person survived by only one spouse

1. If person survived by only one spouse and has no children If the deceased person is survived by only one spouse and there are no surviving children of the deceased person, the spouse is entitled to all of the amount of the lump sum referred to in section 98.

2. If person survived by only one spouse and only by children of the person and the spouse

This clause applies if –

the deceased person is survived by only one spouse; and

there are surviving children of the deceased person who are also children of the surviving spouse; and

there are no surviving children of the deceased person who are not also children of the spouse.

If this clause applies, the amount of the lump sum referred to in section 98 is to be paid to the surviving spouse.

3. If person survived by only one spouse and at least one of the person's children is not also a child of the spouse

This clause applies if –

the deceased person is survived by only one spouse; and

there is at least one surviving child of the deceased person who is not also a child of the surviving spouse (whether or not there is one or more surviving children of the deceased person who are also children of the surviving spouse).

If this clause applies, the amount of the lump sum referred to in section 98 is to be divided equally into 2 parts –

one of which is to be provided to the surviving spouse; and

the other part of which is to be divided equally between all surviving children of the deceased person.

Part 4 Where person survived by more than one spouse

1. If person survived by more than one spouse and no children If the deceased person is survived by more than one spouse and there are no surviving children of the person, the amount of the lump sum referred to in section 98 is to be divided equally between the surviving spouses.

2. If person survived by more than one spouse and children

This clause applies if –

the deceased person is survived by more than one spouse; and

there is one or more surviving children of the deceased person (whether or not the children are also children of a surviving spouse).

If this clause applies, the amount of the lump sum referred to in section 98 is to be divided equally into 2 parts –

one of which is to be divided equally between all the surviving spouses; and

the other part of which is to be divided equally between all surviving children of the deceased person.