Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013

The Authority is to pay for all the necessary and reasonable expenses incurred by or on behalf of a person in relation to the assessed treatment, care and support needs of the person while the person is a participant in the Scheme.

The assessed treatment, care and support needs of a person who is a participant in the Scheme are those treatment, care and support needs assessed by the Authority, in its treatment, care and support needs assessment, to be treatment, care and support needs that—

are necessary and reasonable in the circumstances; and

relate to the injury or injuries to which this Act applies.

The Authority is not liable for any expenses in respect of—

excluded treatment, care and support needs; or

treatment, care and support needs that are not assessed treatment, care and support needs; or

treatment, care and support needs excluded from the operation of this section by the LSS Rules.

Without limiting subsection (3), subsections (1) and (2) operate subject to—

any criteria set out in the LSS Rules that make provision for or with respect to determining which treatment, care and support needs of a participant in the Scheme—

are necessary and reasonable in the circumstances; and

relate to the injury or injuries to which this Act applies; and

any monetary or other limits placed on the provision of particular treatment, care and support needs to a participant in the Scheme set out in the LSS Rules; and

any provision made by the LSS Rules as to how expenses are to be paid or covered.

As an alternative to paying the expenses for which it is liable under this section as and when they are incurred, the Authority may pay those expenses by the payment to the participant of an amount to cover those expenses over a fixed period pursuant to an agreement between the Authority and the participant for the payment of those expenses by the participant (and this will satisfy any liability that would otherwise arise in relation to the matters to which the agreement relates).