127ATribunal may determine compensation amounts in certain circumstances

127A Tribunal may determine compensation amounts in certain circumstances

[Section 127A Inserted by No. 12 of 2024, s. 10, Applied:05 Sep 2024]

(1)  A member of the family of a person who has a compensable disease may apply to the Tribunal if –

(a) compensation has been distributed in accordance with Schedule 1 in respect of the person who has a compensable disease; and

(b) the member of the family is aggrieved by the distribution of that compensation.

(2)  The Tribunal may determine a referral under section 127 and an application under subsection (1) at the same proceedings if –

(a) the referral and application relate to the same compensable person; and

(b) neither the referral, nor the application, had been determined by the Tribunal at the time when the other was received by the Tribunal.

(3)  If the Tribunal receives an application under subsection (1) , the Tribunal may review the distribution of the compensation and –

(a) confirm that the distribution of the compensation in accordance with Schedule 1 is appropriate, or reasonable, in the circumstances; or

(b) if the Tribunal determines that the distribution of the compensation in accordance with Schedule 1 is not appropriate, or reasonable, in the circumstances, make an order that –

(i) specifies how the compensation is to be distributed; and

(ii) requires a person, to whom compensation has been distributed, to repay such amount of the compensation as is required for the compensation to be distributed as specified in the order.

(4)  For the purposes of subsection (3) , the Tribunal is to consider how compensation may be provided in accordance with Schedule 1 but is not bound by that Schedule when determining –