Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
127Question as to apportionment between family members may be referred to Tribunal
Start here
Get a plain-English read of 127
Turn the raw legal text into a practical explanation grounded in Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011.
127 Question as to apportionment between family members may be referred to Tribunal
(1) A person who is of the opinion that he or she is a member of the family of a person who has a compensable disease may refer to the Tribunal for determination the question as to –
(a) who are members of the family of the person who has a compensable disease; or
(b) the apportionment of the total lump sum to which members of the family of the person who has a compensable disease are entitled in accordance with Part 8 .
(2) A person who refers a matter to the Tribunal under subsection (1) and who is of the opinion that he or she is a member of the family of a person who has a compensable disease –
(a) must, within 10 business days, take all reasonable steps to notify each other member, if any, of the family of the person who has a compensable disease of the reference of the matter to the Tribunal; and
(b) must provide to the Tribunal evidence that he or she has satisfied the requirements of paragraph (a) .
(3) A member of the family of the person, who has a compensable disease, to whom a matter referred under subsection (1) relates, may, before the hearing of the referral, give notice to the Tribunal that he or she wishes to be joined as a party to the referral of the matter to the Tribunal.
(4) A person who gives notice to the Tribunal under subsection (3) in relation to a referral of a matter is joined as a party to the proceeding in relation to the referral of the matter.
(5) The Registrar must notify each party to a proceeding if another party is joined to the proceeding under subsection (4) .
(6) The Tribunal is to determine a referral made to it in accordance with this section by determining, as the case may be –
(a) who are members of the family of the person who has a compensable disease; or
(b) the apportionment of the total lump sum to which members of the family of the person who has a compensable disease are entitled in accordance with .