250Treatment and care—damages not available for

250 Treatment and care—damages not available for LTCS participants (1) This section applies to a person who is a participant in the LTCS scheme in relation to a motor accident injury. (2) An award of damages or an offer of settlement (including a mandatory final offer) made to the person in relation to the motor accident injury must not include an amount for the person’s treatment and care needs, or any excluded treatment and care, that— (a) relate to the motor accident injury; and (b) arise while the person is a participant in the LTCS scheme. Note Treatment and care needs, of a participant in the LTCS scheme—see the (3) This section applies— (a) whether or not the treatment and care needs are assessed treatment and care needs under the LTCS Act; and (b) whether or not the LTCS commissioner is required to make a payment in relation to the treatment and care needs; and

(c) whether or not the treatment, care, support or services provided in connection with the treatment and care needs is provided without charge on a gratuitous basis. excluded treatment and care—see the LTCS Act, section 9.