Transport Accident (Impairment) Regulations 2020

of calculating periodic payments of impairment benefits for the purposes of—

section 47(4) of the Transport Accident Act 1986; and

section 48(1) of the Transport Accident Act 1986, as in force immediately before the commencement of section 13 of the Transport Accident (Amendment) Act 2004; and

of determining, for the purposes of section 56 of the Transport Accident Act 1986, an amount being in redemption of the sum of the periodic payments under section 48 of that Act, as in force immediately before the commencement of section 13 of the Transport Accident (Amendment) Act 2004, and the weekly payments under section 49, 50 or 51 of the Transport Accident Act 1986.

if, at the date of assessment of the impairment benefit, the person is 18 years or over and under 55 years and one month, the amount in Column 2 of Schedule 1 opposite the age of the person in completed years at that date; or

if, at the date of assessment of the impairment benefit, the person is 55 years and one month or more and under 72 years and one week, the amount in Column 2 of Schedule 1 opposite the age of the person in years and completed months at that date; or

if, at the date of assessment of the impairment benefit, the person is 72 years and one week or more and under 75 years, the amount in Column 2 of Schedule 1 opposite the age of the person in years and completed weeks at that date; or

if, at the date of assessment of the impairment benefit, the person is 75 years or over, $10 000.

For the purposes of section 56(1) of the Act, as in force immediately before the commencement of section 11 of the Transport Accident (Amendment) Act 2004, the amount payable to a person must be determined in accordance with the formula—

if, at the date of the determination, the degree of impairment of the person is less than 50%, the amount in Column 2 of Schedule 2 opposite the number of complete weeks in the period commencing on the day on which the determination is made and ending on—

the day on which payments under section 48, 49, 50 or 51 of the Act would cease in accordance with section 53(3) of the Act, as in force immediately before the commencement of section 11 of the Transport Accident (Amendment) Act 2004; or

the day before the day on which the person attains the age of 75 years—

if, at the date of the determination, the degree of impairment of the person is 50% or more, the amount in Column 2 of Schedule 2 opposite the number of complete weeks, or years and complete months, or complete years, as the case requires, in the period commencing on the day on which the determination is made and ending on the day on which the person attains the age of 75 years; and

if, at the date of the determination, the degree of impairment of the person is less than 50%, the amount in Column 2 of Schedule 2 opposite the number of complete weeks in the period commencing on the day on which the determination is made and ending on the day on which payments under section 49, 50 or 51 of the Act would cease in accordance with section 53(1) or (3) of the Act; or

if, at the date of the determination, the degree of impairment of the person is 50% or more, the amount in Column 2 of Schedule 2 opposite the number of complete weeks, or years and complete months, or complete years, as the case requires, in the period commencing on the day on which the determination is made and ending on the day on which the person, by reason of section 53(1), would cease to be entitled to receive payments in respect of loss of earning capacity.

For the purposes of the definitions of B and D in subregulation (1), a period of less than one week is taken to be a complete week.

For the purposes of section 56(1) of the Act, the amount payable to a person who has been assessed as having a degree of impairment of less than 50% must be determined in accordance with the formula—

For the purposes of section 56(1) of the Act, the amount payable to a person who has been assessed as having a degree of impairment of 50% or more must be determined in accordance with the formula—