Motor Accident Injuries Act 2019

This section applies if—

a person injured in a motor accident has been receiving income replacement benefit payments from an insurer for at least 4 weeks; and

the insurer decides to reduce or stop paying the payments because the person is no longer entitled to the payments or the amount of the payments.

This section does not apply in the following circumstances:

the insurer reduces or stops the income replacement benefit payments because the injured person returns to work or has a change in the amount of income the person receives from paid work;

the income replacement benefit payments have been suspended under—

section 105 (Suspension of benefit payments—failure to comply with request for assessment); or

section 121 (3) (Assessment of injured person’s injuries); or

section 124A (Recovery plan—suspension of benefits);

the injured person’s most recent fitness for work certificate expires.

The insurer must give the injured person written notice, stating—

the reasons for the decision; and

the date the decision takes effect (being at least 2 weeks after the notice is given to the person); and

that the injured person may seek internal review of the decision under part 2.10 (Defined benefits—dispute resolution).

A notice under subsection (3) must be given at least 2 weeks before the insurer reduces or stops the injured person’s income replacement benefit payments.

If the insurer fails to give the injured person written notice of a decision to which this section applies in the way required by this section, the person may recover from the insurer the amount of any income replacement benefit payments not received as a result of the insurer’s decision.

Division 2.4.5 Income replacement benefits—miscellaneous