MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.45 Special provisions relating to payment of statutory benefits for treatment and care by Lifetime Care and Support Authority as relevant insurer

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.45

3.45 Special provisions relating to payment of statutory benefits for treatment and care by Lifetime Care and Support Authority as relevant insurer

(1) The description of the Lifetime Care and Support Authority as the relevant insurer for the purposes of this Act does not make that Authority an insurer when it exercises functions under this Act, but provisions of this Act relating to insurers extend (subject to the regulations) to that Authority in connection with the exercise of those functions.

(2) The Lifetime Care and Support Authority may enter into an agreement with a relevant insurer to assume responsibility for the payment of statutory benefits for treatment and care provided during the period of 5 years after the motor accident concerned if that Authority is satisfied that the injured person is likely to be entitled to statutory benefits for treatment and care after the end of that 5-year period. When the agreement takes effect, the Lifetime Care and Support Authority becomes the relevant insurer in relation to treatment and care for the purposes of this Part in place of the insurer.

(3) An insurer who enters into such an agreement is required to pay to the Lifetime Care and Support Authority such amount as that Authority determines as the amount required to fund the payment of statutory benefits for the future treatment and care needs of the person that the insurer would have otherwise been required to pay.

(4) Any such agreement may require the insurer to provide a report and medical assessments to the Lifetime Care and Support Authority on the treatment and care provided or required to be provided to the injured person and any other relevant information relating to the injured person.

(5) Treatment and care provided to an injured person after the period of 5 years after the motor accident concerned is taken to have been provided before that period if the Lifetime Care and Support Authority determines that the relevant insurer delayed the provision of the treatment and care so that the Lifetime Care and Support Authority became the relevant insurer responsible for the payment of statutory benefits for that treatment and care. The Commission may determine any dispute between that Authority and the insurer about any such delay in the provision of treatment and care.