Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
31Members of family of person who has compensable disease entitled to compensation
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31 Members of family of person who has compensable disease entitled to compensation
(1) A person is a relevant deceased person for the purposes of this section if –
(a) he or she is a person who has a compensable disease; and
(b) he or she dies; and
(c) an asbestos-related disease was reasonably likely to be a significant factor contributing to his or her death or he or she had an imminently fatal asbestos-related disease.
(2) Subject to this Act, a person is entitled to compensation under this Act if –
(a) the person is –
(i) a member of the family of a compensable person who is a relevant deceased person; and
(ii) a person to whom all or part of any compensation payable under this Act may be provided in accordance with Schedule 1 as it applies in relation to the person who is a compensable person; and
(b) the relevant deceased person died within 12 months before the commencement day.
(3) Subject to this Act, a person is entitled to compensation under this Act if –
(a) the person is –
(i) a member of the family of acompensable person who is a relevant deceased person; and
(ii) a person to whom all or part of any compensation payable under this Act may be provided in accordance with Schedule 1 as it applies in relation to the person who is a compensable person; and
(b) the relevant deceased person dies after the commencement day.
(4) A person is not entitled to compensation under this Act in respectof a relevant deceased person who died before 12 months before the commencement day.
(5) A person who is a member of the family of a compensable person who is a relevant deceased person is not entitled to compensation under this Act in respect of the relevant deceased person if –