2 Conditions of entitlement
Pneumoconiosis etc (Workers' Compensation) Act 1979 (1979 c 41) | Legislation

2  Conditions of entitlement

(1)     In the case of a person who is disabled by a disease to which this Act applies, the conditions of entitlement are—

(a)     that disablement benefit is payable to him in respect of the disease [or subject to subsection (3A) below, would be payable to him in respect of it but for his disablement amounting to less than the appropriate percentage];

(b)     that every relevant employer of his has ceased to carry on business;

[(ba)     that no application has been made for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014);] and

(c)     that he has not brought any action, or compromised any claim, for damages in respect of the disablement.

(2)     In the case of the dependant of a person who, immediately before he died, was disabled by a disease to which this Act applies, the conditions of entitlement are—

(a)     that no payment under this

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