Lifetime Care and Support (Catastrophic Injuries) Act 2014

The LTCS commissioner and a foreign national participant may agree that the commissioner pay the participant’s expenses under section 30 (Payment of participants assessed treatment and care needs) by giving the participant a lump sum payment to cover the participant’s expenses (a lump sum agreement).

The foreign national participant’s expenses payable under section 30 must be paid under that section until the participant enters into the lump sum agreement.

The LTCS guidelines may make provision for determining the following:

the period a foreign national participant must live outside Australia to be eligible to enter into a lump sum agreement;

the amount of a lump sum payable to a foreign national participant under a lump sum agreement.

Note The LTCS guidelines are made under s 93.

If a foreign national participant receives a lump sum under a lump sum agreement with the LTCS commissioner, the foreign national participant—

ceases to be a participant in the LTCS scheme; and

is not eligible for compensation in relation to the participant’s treatment and care needs under—

for a motor accident injury—the MAI Act; or

for a work injury—the Workers Compensation Act 1951.

In this section:

foreign national participant means a lifetime participant in the LTCS scheme who—

is a national of a foreign country; and

lives outside Australia.