Motor Accident Injuries Act 2019

This section applies if—

a relevant insurer accepts liability under section 65 (Relevant insurer must decide liability for defined benefits) for an application for defined benefits for a person injured in a motor accident; and

the injured person is entitled to income replacement benefits.

The period for which income replacement benefits are payable—

starts on the start date for the injured person; and

ends—

if a person to whom section 90 (Limited entitlement to income replacement benefits—pension-aged injured person) applies is in paid work on the date of the motor accident—2 years after the date of the motor accident; or

in any other case—

2 years after the person reaches the pension age; or

5 years after the date of the motor accident.

Note Pension age—see the dictionary.

The start date for an ongoing employee or fixed term contractor, self‑employed person, casual worker or person receiving workers compensation is—

for an application made during the application period—the date of the motor accident; or

for a late application—

28 days before the date of the late application; or

if the insurer is satisfied on reasonable grounds that there are exceptional circumstances justifying earlier payment—the date of the motor accident.

The start date for a person on unpaid leave is—

for an application made during the application period—the date the person anticipated returning to paid work; or

for a late application—

the later of the following:

the date the person anticipated returning to paid work;

28 days before the date of the late application; or

if the insurer is satisfied on reasonable grounds that there are exceptional circumstances justifying earlier payment—the date the person anticipated returning to paid work.

The start date for a person with a new work arrangement or a full‑time student is—

for an application made during the application period—the date the person anticipated starting work with an employer or starting business as a self-employed person; or

for a late application—

the later of the following:

the date the person anticipated starting work with an employer or starting business as a self-employed person;

28 days before the date of the late application; or

if the insurer is satisfied on reasonable grounds that there are exceptional circumstances justifying earlier payment—the date the person anticipated starting work with an employer or starting business as a self-employed person.

The MAI guidelines may make provision for the kinds of circumstances that may be exceptional circumstances for subsections (3) to (5).

In this section:

casual worker—see section 83 (2).

full-time student—see section 87 (2).

ongoing employee or fixed term contractor—see section 81 (2).

person on unpaid leave—see section 85 (2).

person receiving workers compensation—see section 84 (2).

person with a new work arrangement—see section 86 (2).

self-employed person—see section 82 (3).