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s 176

Payment of death benefits—application to ACAT

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.7Defined benefits—death benefits
Division 2.7.4Death benefits—payment

176 Payment of death benefits—application to ACAT

(1)

This section applies if the relevant insurer for a motor accident receives an application for death benefits from—

(a)

the dependant of a person who died as a result of the motor accident; or

(b)

if the dependant is a person with a legal disability—the dependant’s guardian; or

(c)

the personal representative of a person who died as a result of the motor accident.

(2)

The relevant insurer must apply to the ACAT for an order for the payment of the death benefits to the dependants.

(3)

The application must be made after the later of the following:

(a)

5 business days after the day the relevant insurer accepts liability for an application for death benefits received under subsection (1);

(b)

28 days after the day the relevant insurer gives notice to a dependant for additional information in relation to the application for death benefits.

(4)

The MAI guidelines may make provision in relation to the following:

(a)

the procedures to be undertaken in relation to processing an application for death benefits;

(b)

the information to be given to the ACAT with an application under subsection (2).

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