Motor Vehicle Compensation Scheme 2025
11Determining the amount of any subsidy
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11 Determining the amount of any subsidy
(1) The amount of any subsidy under section 10, is such amount as the Commission considers is reasonable, after deducting the trade-in value at arm’s length of the person’s existing motor vehicle (if any) or interest in a motor vehicle (if any) and taking account of all the other circumstances the Commission thinks are relevant, including all, or any, of the following: (a) the nature of the person’s impairment; (b) the type and cost of the motor vehicle that the person is proposing to purchase; (c) the type and cost of accessories that are reasonably required for the person; (d) the type and cost of alternative motor vehicles to the motor vehicle the person is proposing to purchase; (e) the ability of the proposed motor vehicle to be fitted with any necessary driving devices or be otherwise modified for the person; (f) in relation to a second hand motor vehicle—the number of kilometres travelled by the motor vehicle, the life of the motor vehicle and the possible application of section 12; (g) if the person’s existing motor vehicle was stolen or destroyed through no fault on the part of the person—the full amount of the of insurer’s write-off payment; (h) if the person sold or disposed of a motor vehicle or an interest in a motor vehicle within the period of 12 months ending on the date of making a claim—the trade-in value at arm’s length for which that motor vehicle or interest was sold or disposed.