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Motor Vehicle (Third Party Insurance) Act 1943
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Schedule — Form of insurance policy
[s. 6]
[Heading inserted: No. 19 of 2010 s. 23.]
**INSURANCE POLICY
issued under the *Motor Vehicle (Third Party Insurance) Act 1943***
The INSURANCE COMMISSION OF WESTERN AUSTRALIA, subject to the warranties and conditions contained in this Policy and to the provisions of the *Motor Vehicle (Third Party Insurance) Act 1943*, in this Policy referred to as the Act, agrees to insure the owner of the motor vehicle described in the Traffic Licence issued herewith and any other person who drives that motor vehicle, whether with or without the consent of the owner, in respect of all liability for negligence which may be incurred by the owner or other person in respect of the death of or bodily injury to any person directly caused by, or by the driving of, that motor vehicle in any part of the Commonwealth during the period from the date of the issue of this Policy to the date of expiry of the said Traffic Licence.
**WARRANTIES**
The owner warrants that the vehicle will not be —
(a) used for any other purpose than that stated by the owner in his application for this Policy;
(b) driven in an unsafe or damaged condition;
(c) driven by or in charge of himself or any other person who is unlicensed to drive or who is under the influence of intoxicating liquor.
It shall be a defence to any action in respect of the warranty contained in subclause (c) if the owner proves that the vehicle was so driven or in charge of such other person without his knowledge or consent.
**CONDITIONS**
1. The owner and any other person claiming indemnity under this Policy shall comply with the provisions of sections 10 and 11 of the Act.
2. Sections 7(5) and 15 of the Act are deemed to be incorporated in this insurance.
3. The Commission is entitled to all rights remedies and benefits which may accrue to it by virtue of the Act.
4. This contract of insurance is subject to the provisions of the Act.
[Schedule inserted: No. 107 of 1987 s. 15; amended: No. 45 of 1996 s. 38; No. 19 of 2010 s. 23.]
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Notes
This is a compilation of the *Motor Vehicle (Third Party Insurance) Act 1943* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
| **Short title** | **Number and year** | **Assent** | **Commencement** |
| --- | --- | --- | --- |
| *Motor Vehicle (Third Party Insurance) Act 1943* | 32 of 1943 (7 Geo. VI No. 27) | 12 Nov 1943 | 1 Jul 1944 (see s. 1 and *Gazette* 12 May 1944 p. 375) |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1944* | 40 of 1944 (8 and 9 Geo. VI No. 40) | 11 Jan 1945 | 11 Jan 1945 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1945* | 7 of 1945 (9 Geo. VI No. 7) | 27 Nov 1945 | 27 Nov 1945 |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943* not in a Volume** (includes amendments listed above) | | | |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1948* | 31 of 1948 (12 Geo. VI No. 31) | 9 Dec 1948 | Pt. I: 17 Dec 1948 (see s. 2(2) and *Gazette* 17 Dec 1948 p. 2966); Pt. II: 27 May 1949 (see s. 2(3) and *Gazette* 27 May 1949 p. 1155) |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943*** **approved 3 Apr 1950 in Volume 3 of Reprinted Acts** (includes amendments listed above) | | | |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1951* | 40 of 1951 (15 and 16 Geo. VI No. 40) | 20 Dec 1951 | 20 Dec 1951 |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943*** **approved 23 Aug 1954 (not in a Volume)** (includes amendments listed above) | | | |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1954* | 36 of 1954 (3 Eliz. II No. 36) | 3 Dec 1954 | 3 Dec 1954 |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943*** **approved 12 Jun 1957 in Volume 11 of Reprinted Acts** (includes amendments listed above) | | | |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1957* | 77 of 1957 (6 Eliz. II No. 77) | 16 Dec 1957 | 1 Feb 1958 (see s. 2 and *Gazette* 31 Jan 1958 p. 168) |
| *Motor Vehicle (Third Party Insurance) Act and Traffic Act Amendment Act 1959* | 18 of 1959 (8 Eliz. II No. 18) | 8 Oct 1959 | 8 Oct 1959 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1959* | 25 of 1959 (8 Eliz. II No. 25) | 15 Oct 1959 | 4 Dec 1959 (see s. 2 and *Gazette* 4 Dec 1959 p. 2975) |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1960* | 31 of 1960 (9 Eliz. II No. 31) | 21 Oct 1960 | 21 Oct 1960 |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943*** **approved 2 Mar 1961 (not in a Volume)** (includes amendments listed above) | | | |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1961* | 70 of 1961 (10 Eliz. II No. 70) | 28 Nov 1961 | 28 Nov 1961 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1962* | 57 of 1962 (11 Eliz. II No. 57) | 30 Nov 1962 | 30 Nov 1962 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act (No. 2) 1962* | 72 of 1962 (11 Eliz. II No. 72) | 30 Nov 1962 | 30 Nov 1962 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act (No. 2) 1963* | 71 of 1963 (12 Eliz. II No. 71) | 17 Dec 1963 | 17 Dec 1963 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1964* | 65 of 1964 (13 Eliz. II No. 65) | 4 Dec 1964 | 4 Dec 1964 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1966* | 95 of 1966 | 12 Dec 1966 | s. 1, 2, 6‑9, 19, 21: 1 Jul 1967 (see s. 2 and *Gazette* 5 May 1967 p. 1119); s. 3-5, 10-18 and 20: 4 Dec 1967 (see s. 2 and *Gazette* 24 Nov 1967 p. 3195) |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1967* | 37 of 1967 | 21 Nov 1967 | 4 Dec 1967 (see s. 2 and *Gazette* 24 Nov 1967 p. 3195) |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943*** **approved 14 Feb 1968 in Volume 21 of Reprinted Acts** (includes amendments listed above) | | | |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act (No. 2) 1969* | 21 of 1969 | 7 May 1969 | 7 May 1969 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1970* | 19 of 1970 | 8 May 1970 | 8 May 1970 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1971* | 44 of 1971 | 10 Dec 1971 | 10 Dec 1971 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1972* | 42 of 1972 | 16 Jun 1972 | 13 Jul 1972 (see s. 2 and *Gazette* 30 Jun 1972 p. 2098) |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1973* | 45 of 1973 | 6 Nov 1973 | 21 Dec 1973 (see s. 2 and *Gazette* 21 Dec 1973 p. 4662) |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943*** **approved 3 May 1974** (includes amendments listed above) | | | |
| *Acts Amendment (Road Traffic) Act 1974* Pt. V | 58 of 1974 | 3 Dec 1974 | 29 Aug 1975 (see s. 2 and *Gazette* 29 Aug 1975 p. 3085) |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act 1975* | 7 of 1975 | 9 May 1975 | 9 May 1975 |
| *Motor Vehicle (Third Party Insurance) Act Amendment Act (No. 2) 1975* | 55 of 1975 | 15 Oct 1975 | 15 Oct 1975 |
| *Acts Amendment (Expert Evidence) Act 1976* Pt. VI | 111 of 1976 | 25 Nov 1976 | 25 Nov 1976 |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943*** **authorised 12 Jan 1981** (includes amendments listed above) | | | |
| *Acts Amendment (Traffic Board) Act 1981* Pt. II | 106 of 1981 | 4 Dec 1981 | 2 Feb 1982 (see s. 2 and *Gazette* 2 Feb 1982 p. 393) |
| *Motor Vehicle (Third Party Insurance) Amendment Act 1982* | 81 of 1982 | 11 Nov 1982 | 25 Feb 1983 (see s. 2 and *Gazette* 25 Feb 1983 p. 640) |
| *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 | 98 of 1985 | 4 Dec 1985 | 1 Jul 1986 (see s. 2 and *Gazette* 30 Jun 1986 p. 2255) |
| *State Government Insurance Commission Act 1986* s. 46(2) | 51 of 1986 | 5 Aug 1986 | 1 Jan 1987 (see s. 2 and *Gazette* 19 Dec 1986 p. 4859) |
| *Motor Vehicle (Third Party Insurance) Amendment Act 1986* 3 | 65 of 1986 | 28 Nov 1986 | 28 Nov 1986 (see s. 2) |
| *Motor Vehicle (Third Party Insurance) Amendment Act 1987* | 107 of 1987 | 16 Dec 1987 | 16 Dec 1987 (see s. 2) |
| *Motor Vehicle (Third Party Insurance Surcharge) Repeal Act 1988* Pt. 3 4 | 8 of 1988 | 30 Jun 1988 | 30 Jun 1988 (see s. 2) |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943* as at 11 Mar 1992** (includes amendments listed above) | | | |
| *Financial Administration Legislation Amendment Act 1993* s. 11 | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) |
| *Acts Amendment (Vehicles on Roads) Act 1994* Pt. 2 | 13 of 1994 | 15 Apr 1994 | 17 May 1994 (see s. 2 and *Gazette* 17 May 1994 p. 2065) |
| *Motor Vehicle (Third Party Insurance) Amendment Act 1994* | 17 of 1994 | 3 May 1994 | 3 May 1994 (see s. 2) |
| *Sentencing (Consequential Provisions) Act 1995* Pt. 53 | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) |
| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |
| *Acts Amendment (ICWA) Act 1996* s. 38 | 45 of 1996 | 25 Oct 1996 | 1 Oct 1997 (see s. 2 and *Gazette* 23 Sep 1997 p. 5357) |
| *Road Traffic Amendment Act 1996* Pt. 3 Div. 5 | 76 of 1996 | 14 Nov 1996 | 1 Feb 1997 (see s. 2 and *Gazette* 31 Jan 1997 p. 613) |
| **Reprint of the *Motor Vehicle (Third Party Insurance) Act 1943*** **as at 20 Nov 1998** (includes amendments listed above) | | | |
| *Machinery of Government (Planning and Infrastructure) Amendment Act 2002* Pt. 4 5 | 7 of 2002 | 19 Jun 2002 | 1 Jul 2002 (see s. 2 and *Gazette* 28 Jun 2002 p. 3037) |
| *Acts Amendment (Equality of Status) Act 2003* s. 122 | 28 of 2003 | 22 May 2003 | 1 Jul 2003 (see s. 2 and *Gazette* 30 Jun 2003 p. 2579) |
| *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 53 | 65 of 2003 | 4 Dec 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) |
| *Workers’ Compensation Reform Act 2004* s. 174 | 42 of 2004 | 9 Nov 2004 | 4 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7131) |
| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |
| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) |
| **Reprint 11: The *Motor Vehicle (Third Party Insurance) Act 1943* as at 2 Dec 2005** (includes amendments listed above) | | | |
| *Motor Vehicle (Third Party Insurance) Amendment Act 2006* | 15 of 2006 | 17 May 2006 | Act other than s. 5: 17 May 2006 (see s. 2(1)); s. 5: 1 Jul 2006 (see s. 2(2) and *Gazette* 16 Jun 2006 p. 2109) |
| *Financial Legislation Amendment and Repeal Act 2006* s. 4 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) |
| *Duties Legislation Amendment Act 2008* Sch. 1 cl. 23 | 12 of 2008 | 14 Apr 2008 | 1 Jul 2008 (see s. 2(d)) |
| *Legal Profession Act 2008* s. 682 | 21 of 2008 | 27 May 2008 | 1 Mar 2009 (see s. 2(b) and *Gazette* 27 Feb 2009 p. 511) |
| **Reprint 12: The *Motor Vehicle (Third Party Insurance) Act 1943* as at 24 Apr 2009** (includes amendments listed above) | | | |
| *Standardisation of Formatting Act 2010* s. 23 and 51 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |
| *Road Traffic Legislation Amendment Act 2012* Pt. 4 Div. 34 | 8 of 2012 | 21 May 2012 | 27 Apr 2015 (see s. 2(d) and *Gazette* 17 Apr 2015 p. 1371) |
| *Motor Vehicle (Catastrophic Injuries) Act 2016* Pt. 7 Div. 3 | 8 of 2016 | 14 Apr 2016 | 14 May 2016 (see s. 2(b) and *Gazette* 13 May 2016 p. 1421) |
| *Legal Profession Uniform Law Application Act 2022* s. 424 | 9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |
| *Workers Compensation and Injury Management Act 2023* Pt. 15 Div. 3 Subdiv. 12 | 21 of 2023 | 24 Oct 2023 | 1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) |
Other notes
1 For the purposes of s. 3C and 3D, the Amounts A, B, C and D for the financial years beginning after 30 June 1994 up to the date of this compilation are as set out in this Table.
| **Financial year beginning** | **Amount A** | **Amount B** | **Amount C** | **Amount D** | **Gazette** |
| --- | --- | --- | --- | --- | --- |
| 1 July 1994 | $201 000 | $10 000 | $30 000 | $5 000 | 24 Jun 1994 p. 2944 |
| 1 July 1995 | $204 000 | $10 000 | $30 500 | $5 000 | 9 Jun 1995 p. 2285 |
| 1 July 1996 | $207 000 | $10 000 | $31 000 | $5 000 | 7 Jun 1996 p. 2415 |
| 1 July 1997 | $209 000 | $10 000 | $31 500 | $5 000 | 6 Jun 1997 p. 2645 |
| 1 July 1998 | $212 000 | $10 000 | $32 000 | $5 000 | 23 Jun 1998 p. 3339 |
| 1 July 1999 | $219 000 | $10 500 | $33 000 | $5 000 | 25 Jun 1999 p. 2744 |
| 1 July 2000 | $225 000 | $11 000 | $34 000 | $5 000 | 19 May 2000 p. 2441 |
| 1 July 2001 | $232 000 | $11 500 | $35 000 | $5 000 | 22 Jun 2001 p. 3029 |
| 1 July 2002 | $240 000 | $12 000 | $36 500 | $5 000 | 28 May 2002 p. 2651 |
| 1 July 2003 | $249 000 | $12 500 | $38 000 | $5 000 | 23 May 2003 p. 1830 |
| 1 July 2004 | $257 000 | $13 000 | $39 500 | $5 000 | 14 May 2004 p. 1459 |
| 1 July 2005 | $268 000 | $13 500 | $41 000 | $5 000 | 22 Apr 2005 p. 1349 |
| 1 July 2006 | $279 000 | $14 000 | $42 500 | $5 000 | 28 Apr 2006 p. 1670 |
| 1 July 2007 | $292 000 | $14 500 | $44 500 | $5 000 | 3 Apr 2007 p. 1512 |
| 1 July 2008 | $309 000 | $15 500 | $47 000 | $5 500 | 22 Apr 2008 p. 1546 |
| 1 July 2009 | $327 000 | $16 500 | $49 500 | $6 000 | 12 May 2009 p. 1542 |
| 1 July 2010 | $337 000 | $17 000 | $51 000 | $6 000 | 23 Apr 2010 p. 1529 |
2 This provision was renumbered in the 1950 Reprint.
3 The *Motor Vehicle (Third Party Insurance) Amendment Act 1986* s. 4 reads as follows:
“
4. Validity of existing contracts
A contract entered into before the coming into operation of this Act —
(a) is as valid and effectual as it would be;
(b) shall be deemed to have always been as valid and effectual as it would have been,
if this Act had come into operation on 1 July 1944.
”.
4 The *Motor Vehicle (Third Party Insurance Surcharge) Repeal Act 1988* s. 9 is a savings provision that is of no further effect.
5 The *Machinery of Government (Planning and Infrastructure) Amendment Act 2002* s. 67‑69 read as follows:
“
67. Agreements under former *Transport Co‑ordination Act 1966* section 15C
(1) To the extent that, immediately before the commencement of this Act, an agreement under the former section 15C made provision about the performance of functions of the former Director General under a relevant Act, the agreement continues, when this Act comes into operation, as an agreement under the new provision of the relevant Act.
(2) To the extent that the agreement continues under subsection (1), it applies as if —
(a) instead of being made by the Minister referred to in the former section 15C, the agreement had been made by the Director General referred to in the new provision of the relevant Act; and
(b) instead of providing for the performance of functions of the former Director General, the agreement made similar provision for the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act.
(3) In this section —
former Director General means the Director General of Transport under the *Transport Co‑ordination Act 1966* section 8 as in force before it was repealed by this Act;
former section 15C means the *Transport Co‑ordination Act 1966* section 15C as in force before it was repealed by this Act;
new provision means —
(a) the *Control of Vehicles (Off‑road Areas) Act 1978* section 4B;
(b) the *Motor Vehicle Drivers Instructors Act 1963* section 4A;
(c) the *Motor Vehicle (Third Party Insurance) Act 1943* section 3QA; or
(d) the *Road Traffic Act 1974* section 6B;
relevant Act means —
(a) the *Control of Vehicles (Off‑road Areas) Act 1978*;
(b) the *Motor Vehicle Drivers Instructors Act 1963*;
(c) the *Motor Vehicle (Third Party Insurance) Act 1943*; or
(d) the *Road Traffic Act 1974*.
68. Delegations under former *Transport Co‑ordination Act 1966* section 18
(1) To the extent that, immediately before the commencement of this Act, a delegation under the former section 18 applied to the performance of functions or powers of the former Director General under a relevant Act, the delegation continues, when this Act comes into operation, as a delegation under the new provision of the relevant Act.
(2) To the extent that the delegation continues under subsection (1), it applies as if —
(a) instead of being made by the former Director General, the delegation had been made by the Director General referred to in the new provision of the relevant Act;
(b) instead of delegating the performance of functions of the former Director General, the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act were delegated; and
(c) any Ministerial approval that would have been required in order for the delegation to be made under the new provision of the relevant Act had been given.
(3) In this section —
former Director General means the Director General of Transport under the *Transport Co‑ordination Act 1966* section 8 as in force before it was repealed by this Act;
former section 18 means the *Transport Co‑ordination Act 1966* section 18 as in force before it was amended by this Act;
new provision means —
(a) the *Control of Vehicles (Off‑road Areas) Act 1978* section 4A;
(b) the *Motor Vehicle Drivers Instructors Act 1963* section 4;
(c) the *Motor Vehicle (Third Party Insurance) Act 1943* section 3QB;
(d) the *Rail Safety Act 1998* section 57A;
(e) the *Road Traffic Act 1974* section 6A; or
(f) the *Transport Co‑ordination Act 1966* section 18;
relevant Act means —
(a) the *Control of Vehicles (Off‑road Areas) Act 1978*;
(b) the *Motor Vehicle Drivers Instructors Act 1963*;
(c) the *Motor Vehicle (Third Party Insurance) Act 1943*;
(d) the *Rail Safety Act 1998*;
(e) the *Road Traffic Act 1974*; or
(f) the *Transport Co‑ordination Act 1966*.
69. Regulations about transitional matters
(1) If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under an Act amended by this Act may include any provision that is required, or is necessary or convenient, for dealing with the transitional matter.
(2) In subsection (1) —
transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.
(3) Regulations including a provision described in subsection (1) may be expressed to have effect before the day on which they are published in the *Gazette*.
(4) To the extent that a regulation including a provision described in subsection (1) may have effect before the day of its publication in the *Gazette*, it does not —
(a) affect in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the day of its publication; or
(b) impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of its publication.
Defined terms
*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*
**Defined term Provision(s)**
action or proceedings 16(1)
Amount A 3C(1)
Amount B 3C(1)
Amount C 3C(1)
Amount D 3D(7)
assessed treatment, care and support needs 3(1)
catastrophic injury 3(1)
CISS 3(1)
commencement day 34(1)
Commission 3(1)
Commission officer 27C(1)
contract of insurance 3(1)
court 16(1)
Director General 3(1)
District Court 3(1)
driver 3(1)
emergency treatment 12(4)
Fund 3(1)
health profession 30(1)
health professional 30(1)
injured person 6A(2), 30(2)
insured person 3(1)
interim participant 3EA(1)
issued 34(1)
lifetime participant 3EA(1)
Minister 3(1)
motor vehicle 3(1), 4(10)
motor vehicle accident 6A(1)
MVWA(CI) Act 3(1)
non-pecuniary loss 3C.(1)
owner 3(1), 3G(3)
pending action or proceedings 16(1)
policy of insurance 3(1)
proclaimed date 16(1)
relevant day 34(1)
repealed provision 34(1)
restrictive provisions 3FA(1)
the Act Sch.
the claimant 29(2)
the recalculation date 3C(8), 3D(8)
the relevant quarter 3D(4)
the Tribunal 16(1)
treatment, care and support needs 3EA(1), 3FB(1)
uninsured motor vehicle 3(1)
Vehicles Act 3(1)
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