Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
35Application by family members to be made jointly
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35 Application by family members to be made jointly
(1) Except in accordance with the leave of the Tribunal, an application for compensation by a person who is a member of the family of a person who has a compensable disease is to be made jointly with all other members of the family amongst whom any compensation payable under this Act may be divided in accordance with Schedule 1 as it applies in relation to the person who has a compensable disease.
(2) A person who is a member of the family of a person who has an asbestos-related disease may refer to the Tribunal the question as to whether an application for compensation may be made by the person even though the application is not made jointly with the other persons with whom, in accordance with subsection (1) , the application is required to be made.
(3) The Tribunal may determine that an application for compensation may be made, by a person who is a member of the family of a person who has an asbestos-related disease, otherwise than jointly with the other persons with whom, in accordance with subsection (1) , the application is required to be made, if the Tribunal is satisfied that –
(a) the other persons cannot be contacted or are unwilling to be joined to the application; or
(b) for any other reason, it would be unjust to refuse to permit the application for compensation to be made other than jointly with the other persons.