84Entitlement to weekly payments

84 Entitlement to weekly payments

(1)  Subject to this Act, a person who has a compensable disease is entitled to be paid weekly payments under this Division for a period of incapacity if the Commissioner determines that the person is so entitled.

(2)  The Commissioner may determine that a person is entitled to be paid weekly payments under this Division for a period of incapacity if –

(a) the Commissioner has determined under section 70 an application for compensation by the person by determining that –

(i) the person is entitled to compensation; and

(ii) the person has a non-imminently fatal asbestos-related disease; and

(b) the Commissioner has not determined under section 70 an application for compensation by the person by determining that –

(i) the person is entitled to compensation; and

(ii) the person has an imminently fatal asbestos-related disease; and

(c) the Commissioner is satisfied, having regard to a medical certificate received from a medical practitioner, that the person is, for that period of incapacity, partially or totally incapacitated for work as a result of an asbestos-related disease; and

(d) the person is an eligible person in respect of the application for compensation.

(3)  For the purposes of subsection (2)(d) , a person is an eligible person in respect of an application for compensation if, on the date on which the person makes the application –

(a) the person was employed as a worker for at least 2 months immediately before the person made the application; or

(b) the person –

(i) had, for a total of 6 months (whether or not the 6 months consist of consecutive periods) in the 12-month period before the application for compensation is made, been employed as a worker; and

(ii) would have been employed as a worker on the date on which the person made the application for compensation, but for the effects of one or more asbestos-related diseases.