Section 111 - Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 - Where money received under settlement, &c., before application made by person with non-imminently fatal compensable disease

111Where money received under settlement, &c., before application made by person with non-imminently fatal compensable disease

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111 Where money received under settlement, &c., before application made by person with non-imminently fatal compensable disease

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

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

(b) then makes an application for compensation in relation to the disease; and

(c) 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

(d) 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.

(2) 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.

(3) 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.

(4) 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.

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

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