97Meaning of "total family amount"

97 Meaning of "total family amount"

(1)  For the purposes of this Part, the total family amount in relation to a person who has a compensable disease is the amount to which the person would have been entitled under section 72 if –

(a) an application for compensation had been made, after the commencement day, by the person and had been determined under section 70(1)(a) ; and

(b) the Commissioner had determined under section 70 that the person had an imminently fatal asbestos-related disease.

(2)  Despite subsection (1) and any other provision of this Act, if the Commissioner has paid compensation by way of a lump sum under this Act to a person who has a compensable disease, or his or her legal personal representatives, the total family amount in relation to the person is to be reduced by the amount of that lump sum already paid.