Motor Accident Injuries Act 2019
51When entitlement to certain benefits ends
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51 When entitlement to certain benefits ends (1) This section applies if a person injured in a motor accident is entitled to— (a) income replacement benefits; or (b) treatment and care benefits.
End of entitlement to certain benefits Division 2.2.3 (2) The person’s entitlement ends on the first occurring of the following: (a) the person dies; (b) for income replacement benefits— (i) the person reaches the pension age plus 2 years; or (ii) if, on the date of the motor accident, the person has reached the pension age and is in paid work—2 years after the date of the motor accident; (c) a motor accident claim for the motor accident is finalised; (d) the person obtains a judgment or an agreement for damages in relation to the person’s injury independently of this Act; (e) 5 years after the date of the motor accident. Note 1 See also s 184, which provides that a foreign national’s entitlement to defined benefits ends in certain circumstances. Note 2 See also divs 2.6.2 and 2.6.3, which provide for when a quality of life benefits application is finally dealt with. Note 3 Pension age—see the dictionary.
Division 2.3.1 Communicating with people in relation to motor accidents Division 2.3.1 Communicating with people in relation to motor accidents 52 Information and support for applicants for defined benefits— (1) The MAI guidelines may make provision for information and support that the relevant insurer for a motor accident must give applicants for defined benefits. (2) In particular, the MAI guidelines may make provision for the (a) the circumstances in which the relevant insurer for a motor accident must give support and information to a person injured in the motor accident; (b) if a person injured in a motor accident contacts an insurer for a motor vehicle involved in the motor accident—the information that must be given to the person about the procedures relating to applying for defined benefits, including— (i) accessing, completing and submitting an application; and (ii) information to be given with an application; and (iii) time limits applying to the making of an application; and (iv) to whom an application must be given; if the injured person can’t work out who is the relevant insurer, that the person give the application to their own insurer
Communicating with people in relation to motor accidents Division 2.3.1 (c) the information that must be given with a receipt notice for an application for treatment and care benefits and income replacement benefits, including information about allowable expenses for treatment and care; Note See s 60 for when a receipt notice is given. (d) the information that must be given in relation to an application for treatment and care benefits and income replacement benefits for which the relevant insurer has accepted liability, including (i) the procedure for obtaining approval for treatment and care; (ii) the procedure for reimbursement of treatment and care expenses, domestic services expenses and travel expenses; (iii) the evidence the applicant must give the insurer about the applicant’s fitness for work, how often the evidence must be given to the insurer and how the applicant must tell the insurer about any change in the applicant’s work arrangements; (e) information to be given to a person injured in a motor accident to help the person decide whether the person is eligible for a quality of life payment, including information about the (i) the WPI needed to be eligible for a quality of life benefit or to make a motor accident claim; (ii) the procedure for applying for a WPI assessment; (iii) the time limits and conditions applying to the making of an application for quality of life benefits;