15Participation in LTCS scheme—eligibility

15 Participation in LTCS scheme—eligibility (1) A person who has an injury to which this Act applies (the injured person) is eligible to participate in the LTCS scheme in relation to the injury if— (a) the injury involves— (i) a spinal cord injury; or (ii) a brain injury; or (iii) an amputation of a limb; or (iv) burns; or (v) permanent blindness; or (vi) any other injury mentioned in the LTCS guidelines; and (b) the injury satisfies the criteria mentioned in the LTCS Note 1 Section 6 sets out the injuries to which this Act applies. Note 2 The LTCS guidelines are made under s 93. (2) The person may participate in the LTCS scheme as an interim participant or lifetime participant. Note 1 See s 20 for eligibility criteria for interim participants. Note 2 See s 21 for eligibility criteria for lifetime participants. (3) Despite the Workers Compensation Act 1951, section 83 (No compensation while imprisoned), a person with a workplace injury is eligible to participate in the LTCS scheme even though the person is imprisoned.

(4) However, the person is not eligible to participate in the LTCS scheme in relation to the injury if the person has been awarded damages, under a final judgment entered by a court or a binding settlement, for future economic loss in relation to the person’s treatment and care needs relating to the injury. (5) The LTCS guidelines may include further information in relation to the person’s eligibility to participate in the LTCS scheme, including— (a) the criteria to be satisfied in relation to an injury for the person to be eligible to be a participant in the scheme; and (b) determining whether the injury satisfies the criteria.