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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
Requested:  24 Apr 2014
Consolidated as at:  21 Feb 2012

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.

      (4) A person is not to be taken to be a worker for the purposes of subsection (3) if he or she is, under this Act, a worker for the purposes of that subsection by reason only of being a volunteer.



CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION