Motor Accident Injuries Act 2019

This section applies if a person—

is a foreign national participant in the LTCS scheme in relation to a motor accident injury; and

receives a lump sum under a lump sum agreement with the LTCS commissioner in relation to the motor accident injury.

Note LTCS scheme—see the dictionary.

Participant, in the LTCS scheme—see the dictionary.

An award of damages or an offer of settlement (including a mandatory final offer) made to the person in relation to the motor accident injury must not include an amount for the person’s treatment and care needs, or any excluded treatment and care, that—

relate to the motor accident injury; and

either—

arose while the person was a participant in the LTCS scheme; or

arise after the person receives the lump sum under the lump sum agreement.

Note Treatment and care needs, of a participant in the LTCS scheme—see the dictionary.

This section applies—

whether or not the treatment and care needs are assessed treatment and care needs under the LTCS Act; and

whether or not the LTCS commissioner is required to make a payment in relation to the treatment and care needs; and

whether or not the treatment, care, support or services provided in connection with the treatment and care needs is provided without charge on a gratuitous basis.

Note LTCS Act—see the dictionary.

LTCS commissioner—see the dictionary.

In this section:

excluded treatment and care—see the LTCS Act, section 9.

foreign national participant, in the LTCS scheme—see the LTCS Act, section 30B (5).

lump sum agreement—see the LTCS Act, section 30B (1).