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s 128

Treatment and care benefits—period payable

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.5Defined benefits—treatment and care benefits
Division 2.5.5Treatment and care benefits—payment

128 Treatment and care benefits—period payable

(1)

This section applies if a relevant insurer accepts liability under section 65 for an application for defined benefits.

(2)

The period for which treatment and care benefits are payable—

(a)

starts on—

(i)

the date of the motor accident, if—

(A)

the insurer accepts liability for an application made during the application period; or

(B)

the insurer accepts liability for a late application and is satisfied on reasonable grounds that there are exceptional circumstances justifying the earlier payment of treatment and care benefits; or

(ii)

if the insurer accepts liability for a late application and is not satisfied under paragraph (a) (i) (B)—the date that is 13 weeks before the date of the application; and

(b)

ends 5 years after the date of the motor accident.

(3)

The MAI guidelines may make provision for the kinds of circumstances that may be exceptional circumstances for subsection (2).

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