28ASpecial provision with respect to payment of benefits to mentally incapacitated persons

28A Special provision with respect to payment of benefits to mentally incapacitated persons

28A Special provision with respect to payment of benefits to mentally incapacitated persons

(1) If a benefit is payable under this Act to a person who is mentally incapacitated as a result of the compensable injury, the Authority may postpone payment of the benefit pending a determination by the relevant court or tribunal as to whether the estate of the person should be subject to management because the person is incapable of managing his or her own affairs.

(2) Pending the payment of the benefit, the Authority is required to pay the money into a trust fund established by the Authority for the mentally incapacitated person.

(3) However, if a trust fund for the mentally incapacitated person already exists, the Authority may pay the benefit into that trust fund if it considers that it is in the best interests of the person to do so.

s 28A: Ins 1991 No 23, Sch 1 (3).