109

109 Where money received under settlements, &c., after application for compensation made

(1)  If a person –

(a) receives one or more lump sum amounts under this Act in relation to an asbestos-related disease; and

(b) then receives, in accordance with a relevant judgment or settlement in relation to the disease, an amount of money that is greater than or equal to the lump sum amounts, referred to in paragraph (a) , received by the person –

there is payable to the Commissioner by the person an amount equivalent to those lump sum amounts.

(2)  If a person –

(a) receives one or more lump sum amounts under this Act in relation to an asbestos-related disease; and

(b) then receives, in accordance with a relevant judgment or settlement in relation to the disease, an amount of money that is less than the total of the lump sum amounts, referred to in paragraph (a) , received by the person –

there is payable to the Commissioner by the person an amount equivalent to the amount of money received in accordance with the relevant judgment or settlement.

(3)  This subsection applies to a person in relation to an asbestos-related disease if –

(a) a person receives one or more lump sum amounts under this Act in relation to the disease; and

(b) then the person receives an amount of money in accordance with a relevant judgment or settlement in relation to the disease; and

(c) 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

(d) a determination is made under section 75 or 77 that the person is entitled to receive compensation under that section.

(4)  If subsection (3) 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 (3) is less than the total of –

(a) 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

(b) the lump sum amounts already received by the person under Division 1 of Part 7 in relation to that disease; and

(c) the lump sum amount, if any, received by the person under section 75 , in relation to that disease.

(5)  If –

(a) a person is entitled to receive, in relation to a disease, compensation in accordance with subsection (4) ; and

(b) 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 amount determined in accordance with subsection (6) in respect of the person in relation to the disease.

(6)  For the purposes of subsection (5) , the 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.

(7)  For the purposes of subsection (6) 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 amount of compensation by way of lump sums that have already been received by the person in relation to the disease.