Meaning of full and satisfactory explanation by applicant—ch 2
35 Meaning of full and satisfactory explanation by applicant—ch 2
For this chapter, a full and satisfactory explanation by an applicant for a delay in applying for defined benefits is a full account of the conduct, including the actions, knowledge and belief of the applicant, from the date of the motor accident until the date of providing the explanation.
The explanation is not a satisfactory explanation unless a reasonable person in the position of the applicant would have been justified in experiencing the same delay.
Examples—full and satisfactory explanation
1 An application for defined benefits in relation to a motor accident is delayed because a person injured in the motor accident becomes aware of the person’s injury sometime after the motor accident.
2 An application for defined benefits in relation to a motor accident is delayed because a person injured in the motor accident was not aware of the application process because the person did not receive accurate or timely information about the process.
3 An application for death benefits is delayed because the appointment of an executor for the dead person’s estate is delayed.
4 An application for death benefits is delayed because the dead person’s personal representative delayed in working out whether they were entitled to make the application.
This Act’s bill:Explanatory statementSecond reading speech
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