3 Eligible dependants

3  Eligible dependants

(1)     A dependant of a person who has died with diffuse mesothelioma is eligible for a payment under the scheme if—

(a)     the person with the disease was eligible for a payment under the scheme (see section 2) but did not make an application in accordance with the scheme,

(b)     no one has brought an action for damages in respect of the disease under the fatal accidents legislation, or on behalf of the estate of the person with the disease, against the relevant employer or any

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