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s 89

Who is entitled to income replacement benefits?

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.4Defined benefits—income replacement benefits
Division 2.4.2Income replacement benefits—entitlement

89 Who is entitled to income replacement benefits?

(1)

A person injured in a motor accident is entitled to income replacement benefits if, on the date of the motor accident—

(a)

the person was at least 15 years old; and

(b)

the person was—

(i)

in paid work; or

(ii)

capable of being in paid work.

Note 1 Paid work includes paid leave from paid work—see s 78.

Note 2 An injured person who is self-employed when the motor accident happened is in paid work—see s 78.

(2)

The MAI guidelines may make provision in relation to entitlement to income replacement benefits.

(3)

This section is subject to the following:

(a)

division 2.2.2 (Limitations and exceptions to entitlement);

(b)

section 90 (Limited entitlement to income replacement benefits—pension-aged injured person);

(c)

section 91 (No entitlement to income replacement benefits—death of injured person);

(d)

section 92 (No entitlement to income replacement benefits—damages already paid).

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