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s 20

LTCS scheme—interim participation

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Part 4Participation in LTCS scheme

20 LTCS scheme—interim participation

(1)

This section applies if the LTCS commissioner accepts an injured person as an interim participant in the LTCS scheme.

(2)

The period of the injured person’s interim participation is—

(a)

for an injured person who is 3 years or older—2 years, starting on the date of the LTCS commissioner’s determination; and

(b)

for an injured person who is under 3 years—the period starting on the date of the LTCS commissioner’s determination and ending on the injured person’s 5th birthday.

(3)

An injured person must not be accepted as an interim participant more than once in relation to the same injury.

(4)

The end of a period of interim participation in the LTCS scheme does not prevent an injured person being later accepted as a lifetime participant in the scheme.

(5)

However, if the injured person is awarded damages, under a final judgment entered by a court or a binding settlement, for future economic loss in relation to the injured person’s treatment and care needs relating to the injury during or after the end of a period of interim participation, the injured person must not be accepted as a lifetime participant.

Note Treatment and care needs, of a participant in the LTCS scheme—see s 9.

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