39If person who has compensable disease dies

39 If person who has compensable disease dies

(1)  An application for compensation relating to a person who has a compensable disease and who died within 12 months before the commencement day may only be made by a person who is entitled to compensation under section 31(2) if the application is made within –

(a) 12 months after the commencement day; or

(b) a period, if any, determined by the Commissioner or the Tribunal under section 40 , that ends after the 12-month period referred to in paragraph (a) .

(2)  An application for compensation relating to a person who has a compensable disease and who has died may only be made by a person who is entitled to compensation under section 31(3) if the application is made within –

(a) 12 months after the death of the person who has a compensable disease; or

(b) a period, if any, determined by the Commissioner or the Tribunal under section 40 , that ends after the 12-month period referred to in paragraph (a) .