20AReduction of benefits in certain cases

20A Reduction of benefits in certain cases (1) The Commission may reduce benefits payable under this Part if: (a) the accident resulting in the death of the qualifying person occurred while that person was driving a motor vehicle; and (b) the qualifying person was under the influence of alcohol or a drug to such an extent that the person: (i) was, by driving a motor vehicle, committing an offence against relevant laws regulating road traffic; or (ii) would have been committing such an offence if the person had been driving the motor vehicle in a public street or public place; and (c) the influence of the alcohol or drug contributed, in the Commission's opinion, to the accident. (2) The Commission must presume that the influence of alcohol contributed to the accident if the circumstances prescribed in the regulations exist in relation to the person, unless the contrary is established. (3) The Commission may reduce benefits payable under this Part if: (a) the accident occurred while the qualifying person was engaged in conduct that created a substantial risk of injury to the qualifying person; and (b) the qualifying person recklessly ignored the risk. Note This subsection applies whether the qualifying person was the driver, a passenger, a cyclist or pedestrian or involved in the accident in some other way. Part 5 Payments in respect of death Motor Accidents (Compensation) Act 1979 31 (4) A reduction of benefits under this section is to be a proportion of the benefits otherwise payable considered appropriate by the Commission having regard to the extent to which the influence of alcohol or the drug or the qualifying person's risky conduct (as the case requires) contributed to the accident. (5) If the Commission determines that benefits are to be reduced under this section, the Commission must reduce the benefits in accordance with the regulations. (6) Benefits payable under section 22(1)(a) must not be reduced under this section.