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s 51

When entitlement to certain benefits ends

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.2Defined benefits—entitlement
Division 2.2.3End of entitlement to certain benefits

51 When entitlement to certain benefits ends

(1)

This section applies if a person injured in a motor accident is entitled to—

(a)

income replacement benefits; or

(b)

treatment and care benefits.

(2)

The person’s entitlement ends on the first occurring of the following:

(a)

the person dies;

(b)

for income replacement benefits—

(i)

the person reaches the pension age plus 2 years; or

(ii)

if, on the date of the motor accident, the person has reached the pension age and is in paid work—2 years after the date of the motor accident;

(c)

a motor accident claim for the motor accident is finalised;

(d)

the person obtains a judgment or an agreement for damages in relation to the person’s injury independently of this Act;

(e)

5 years after the date of the motor accident.

Note 1 See also s 184, which provides that a foreign national’s entitlement to defined benefits ends in certain circumstances.

Note 2 See also divs 2.6.2 and 2.6.3, which provide for when a quality of life benefits application is finally dealt with.

Note 3 Pension age—see the dictionary.

Part 2.3 Application for defined benefits

Division 2.3.1 Communicating with people in relation to motor accidents

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