126Questions as to whether Commissioner required to pay expenses may be referred to Tribunal

126 Questions as to whether Commissioner required to pay expenses may be referred to Tribunal

(1)  [Section 126 Subsection (1) amended by No. 12 of 2024, s. 9, Applied:05 Sep 2024] A compensable person, a relevant family member of the compensable person within the meaning of Part 11 , or the Commissioner, may refer to the Tribunal a question as to –

(a) whether the Commissioner is required under this Act to pay any or all of the expenses specified in a claim under section 121(1) ; or

(b) whether the services to which the expenses relate were required by a person as a result of the person having an asbestos-related disease or were necessarily incurred; or

(c) whether the amount of the expenses specified in a claim under section 121(1) is reasonable; or

(d) the period for which any constant attendance services are to be provided.

(2)  The Tribunal must –

(a) if the Tribunal is satisfied that it is reasonably arguable that an expense, type of expense or any treatment was required by the person as a result of the person having an asbestos-related disease, was necessarily incurred and was reasonable, order the Commissioner to pay the expense; or

(b) if the Tribunal is satisfied that it is reasonably arguable that an expense, type of expense or any treatment was not required by the person as a result of the person having an asbestos-related disease, was not necessarily incurred or was not reasonable, order that the Commissioner is not liable to pay the expense, such expenses or such treatment.

(3)  The Tribunal may order that the Commissioner is entitled to recover from a person a payment for an expense that the Commissioner has paid as required by this Part, if the Tribunal is satisfied that the person's claim for payment of the expense was fraudulent.