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s 133

WPI taken to be 10% in certain circumstances

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.6Defined benefits—quality of life benefits
Division 2.6.1Quality of life benefits—entitlement

133 WPI taken to be 10% in certain circumstances

(1)

A person injured in a motor accident is taken to have a WPI of 10% for this Act if the person—

(a)

was a child on the date of the motor accident; and

(b)

4 years and 6 months after the date of the motor accident—

(i)

is receiving treatment and care benefits in relation to the person’s injury and meets the requirements prescribed by regulation; or

(ii)

is a participant in the LTCS scheme in relation to the person’s injury.

Note The MAI guidelines may make provision about the information that may be given to a person mentioned in s (1) about the time limits for making a motor accident claim and seeking legal advice about whether to make a motor accident claim (see s 52 (2) (f)).

(2)

Subsection (1) does not prevent a person mentioned in that subsection from making a quality of life benefits application under division 2.6.2 (Quality of life benefits—application).

(3)

If a WPI assessment is carried out in relation to an injured person mentioned in subsection (1), the assessment may increase, but not reduce, the injured person’s assessed WPI.

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Section 133 — WPI taken to be 10% in certain circumstances — Motor Accident Injuries Act 2019 (Australian Capital Territory) — Barrister AI