29Persons with compensable disease entitled to compensation

29 Persons with compensable disease entitled to compensation

(1)  Subject to this Act, a person –

(a) who has a compensable disease; and

(b) in relation to whom there is a determination under this Act by the Commissioner or the Tribunal that the person has an imminently fatal asbestos-related disease –

is entitled to compensation under this Act.

(2)  Subject to this Act, a person –

(a) who has a compensable disease; and

(b) in relation to whom –

(i) there is a determination under this Act by the Commissioner or the Tribunal that the person has a non-imminently fatal asbestos-related disease; and

(ii) there is no determination under this Act by the Commissioner or the Tribunal that the person has an imminently fatal asbestos-related disease –

is entitled to compensation under this Act if the person's degree of impairment is 10% or more.

(3)  Subject to this Act, the fact that a person has received compensation in relation to an asbestos-related disease because he or she was entitled under subsection (2) to compensation in relation to the disease does not prevent the person being entitled to compensation in accordance with subsection (1) in respect of that asbestos-related disease or any other asbestos-related disease.