112Where money received under settlement, &c., by member of family

112 Where money received under settlement, &c., by member of family

(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(4)(a) that the person is entitled to compensation by way of a lump sum in relation to the disease.

(2)  If subsection (1) applies to a person in relation to a disease, then, despite section 98 , the person is only entitled under section 70(4)(a) to receive an amount of compensation if the amount received in accordance with the relevant judgment or settlement in relation to the disease is less than the relevant amount in relation to the person.

(3)  If subsection (1) applies to a person in relation to a disease, then, despite section 98 , the amount of compensation by way of a lump sum under this Act in relation to the disease to which the person is entitled under section 98 is the relevant amount in respect of the person in relation to the disease.

(4)  For the purposes of subsections (2) and (3) , the relevant amount in respect of a person in relation to the disease is the proportion of the family amount, referred to in section 97 , that the person may be provided in accordance with Schedule 1 as it applies in relation to the person who is a compensable person of whose family the person is a member, less the amount received in accordance with the relevant judgment or settlement in relation to the disease.