3EARestrictions on damages if payments received under CISS

##### 3EA. Restrictions on damages if payments received under CISS interim participant means a person who under the MVWA(CI) Act is an interim participant in the CISS in respect of a motor vehicle injury to which that Act applies; lifetime participant means a person who under the MVWA(CI) Act is a lifetime participant in the CISS in respect of a motor vehicle injury to which that Act applies; treatment, care and support needs means — (a) treatment, care and support needs as defined in the MVWA(CI) Act section 3(1); and (b) excluded treatment, care and support needs as defined in that section. (2) Without limiting the meaning given in subsection (1) to the term ***treatment, care and support needs*** it includes gratuitous services of a domestic nature or gratuitous services relating to nursing and attendance provided, or to be provided, to a person by a member of the same household or family as the person. (3) Subsection (4) applies to the awarding of damages in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle if the person — (a) has ceased to be an interim participant in respect of the bodily injury; and (b) has not become a lifetime participant in respect of the bodily injury. (4) No damages are to be awarded to the person in respect of any treatment, care and support needs of the person that relate to the bodily injury and that arose during the period in respect of which the person was an interim participant. (5) Subsection (4) applies — (a) whether or not the treatment, care and support needs are assessed treatment, care and support needs; and (b) whether or not the Commission is required to make a payment in respect of the treatment, care and support needs; and (c) whether or not any treatment, care, support or service is provided on a gratuitous basis. (6) If subsection (4) applies a court is not to award damages to a person contrary to that subsection. [Section 3EA inserted: No. 8 of 2016 s. 45; amended: No. 21 of 2023 s. 681.]