Article 5 Applicant dies before application determined: continuance of application

Where an applicant for compensation under the Act dies before the application is determined and there is only one person who would have been entitled under section 6(1) of the Act to make the application if the applicant had died already, that person may proceed with the application.

Where an applicant for compensation under the Act dies before the application is determined and there are two or more persons who would have been entitled under section 6(1) of the Act to make the application if the applicant had died already—

A panel appointed by the President of the Board may, on behalf of the Board, agree to allow a person to proceed with the application if, in circumstances where the applicant had died already, the panel would have agreed under section 6(2) of the Act to receive the application from the person; and a panel appointed for the purposes of this paragraph is to be treated as if it had been appointed under section 6(2) of the Act (and is accordingly entitled by virtue of section 8(4) of the Act to determine the application).

In a case where a person is allowed under paragraph (3) to proceed with the application, references in paragraphs (1) and (2) to a person who would have been entitled to make the application are to be read as including a reference to that person.

To exercise the power under paragraph (1) or (2), the person or persons concerned must give a written notification to the panel appointed under section 8 of the Act to determine the application of the intention to proceed with the application.

A notification under paragraph (5) must be accompanied by the material referred to in rule 4(2)(a) to (e) and (g); and for that purpose paragraphs (3) and (6) of rule 4 apply accordingly.

Where a notification under paragraph (5) is given, the application proceeds accordingly.