47Impairment benefit

47 Impairment benefit

S. 47(1) substituted by No. 32/1988 s. 12(2).

(1) If under section 46A or 47(7A)—

(a) the Commission has determined the degree of impairment of a person who is injured as a result of a transport accident; and

(b) the degree so determined is more than 10 per centum—

the Commission must assess an impairment benefit in respect of the person.

Note to s. 47(1) inserted by No. 94/2004 s. 11(2).

This section, as amended by section 11 of the Transport Accident (Amendment) Act 2004 (which substituted subsection (2) and amended subsection (6)), only applies to a person who was injured in a transport accident that occurs on or after the date of commencement of section 11—see section 189.

S. 47(2) substituted by No. 32/1988 s. 12(2), amended by No. 84/1994 s. 55(2)(l), substituted by No. 94/2004 s. 11(3).

(2) The impairment benefit is the amount shown, or the amount calculated in accordance with the formula, in column 2 of the following table that is opposite the person's degree of impairment—

| Degree of impairment | Impairment benefit | | 10% or less | 0 | | 11% – 19% | $4 500 + ((D – 10) × $1000) | | 20% – 49% | $15 000 + ((D – 20) × $1500) | | 50% – 59% | $60 250 + ((D – 50) × $1750) | | 60% – 79% | $78 000 + ((D – 60) × $2000) | | 80% – 89% | $120 000 + ((D – 80) × $4000) | | 90% – 99% | $164 000 + ((D – 90) × $8000) | | 100% | $252 000 |

where "D" is the person's degree of impairment expressed as a number.

S. 47(2A) inserted by No. 94/2004 s. 11(3).

(2A) If a degree of impairment of 11% or more is the result of more than one transport accident, section 48 applies.

(3) The Commission must pay to a person in respect of whom an impairment benefit or interim benefit is assessed under this section—

(a) the amount of that benefit as a lump sum; or

(b) if an interim benefit has been paid, the amount of the impairment benefit less the amount of the interim benefit; or

(c) if the person requests that part only of the benefit be paid as a lump sum, that part as a lump sum.

S. 47(3AA) inserted by No. 84/2000 s. 14(1).

(3AA) The Commission must make any payment under subsection (3) to the person in respect of whom the impairment benefit or interim benefit is assessed without setting off any legal costs.

S. 47(3A) inserted by No. 32/1988 s. 12(3), amended by No. 84/2000 s. 14(2), substituted by No. 94/2004 s. 12(1).

(3A) The Commission may pay an interim benefit under this section at any time to a person who is injured as a result of a transport accident if it is satisfied—