Death benefits—income replacement benefits and treatment and care benefits still payable

In force

(1)

This section applies if—

(a)

the relevant insurer for a motor accident accepts liability for an application for death benefits in relation to a dead person for the motor accident; and

(b)

before the person died, the person was entitled to—

(i)

income replacement benefits; or

(ii)

treatment and care benefits.

(2)

The relevant insurer—

(a)

is not entitled to recover any amount of income replacement benefits or treatment and care benefits already paid to the person; and

(b)

must pay to the person’s estate any amount of income replacement benefits or treatment and care benefits to which the person was entitled and had not received when the person died.

Division 2.7.4 Death benefits—payment

This Act’s bill:Explanatory statement Second reading speech

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175 Death benefits—income replacement benefits and treatment and care benefits still payable