251Treatment and care—damages not available for

251 Treatment and care—damages not available for LTCS scheme foreign national participants (a) is a foreign national participant in the LTCS scheme in relation to a motor accident injury; and (b) receives a lump sum under a lump sum agreement with the LTCS commissioner in relation to the 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 (i) arose while the person was a participant in the LTCS scheme; or (ii) arise after the person receives the lump sum under the lump sum agreement. 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. foreign national participant, in the LTCS scheme—see the LTCS Act, section 30B (5). lump sum agreement—see the LTCS Act, section 30B (1).