TRANSPORT ACCIDENT ACT 1986 - SECT 53 Cessation of loss of earnings payments

TRANSPORT ACCIDENT ACT 1986 - SECT 53

S. 53(1) substituted by No. 32/1988 s. 13, amended by Nos 60/2007 s. 11(1), 18/2022 s. 28(b).

    (1)     Weekly payments under section 44, 45, 49, 50, 51 or  54A are not payable to an earner—

        (a)     if there is a normal retiring age for workers in the occupation in which the earner was employed at the time of the injury—after the earner attains that age; or

S. 53(1)(b) substituted by No. 73/2016 s. 8.

        (b)     in any other case—after the earner attains pension age—

but if an earner is injured—

        (c)     after attaining the age mentioned in paragraph (a) or (b), as the case requires; or

S. 53(1)(d) amended by No. 18/2022 s. 28(a).

        (d)     not more than 36 months before attaining that age—

and, but for this subsection, weekly payments would be payable to the earner, the earner is entitled, subject to this Act, to weekly payments for a period not exceeding 36 months after the injury first manifests itself.

S. 53(1A) inserted by No. 32/1988 s. 13.

    (1A)     For the purposes of subsection (1), in determining whether there is a normal retiring age in an occupation, regard may be had to any retiring age in any industry or establishment where that occupation is carried on.

S. 53(1B) inserted by No. 32/1988 s. 13.

    (1B)     A person who is serving a sentence of imprisonment is not entitled to weekly payments under section 44, 45, 49, 50 or 51 in respect of any period during which the person is in prison.

    (2)     The Commission is not liable—

S. 53(2)(a) amended by No. 60/2007 s. 11(2).

        (a)     to make payments under section 49, 50, 51 or  54A in respect of an injury in relation to any period after the settlement or award of pecuniary loss damages within the meaning of section 93 in respect of the injury; or

        (b)     to make payments under section 47, 48 or 54 in respect of an injury after, or in relation to any period after, the settlement or award of pain and suffering damages within the meaning of section 93 in respect of the injury.

    (3)     The Commission—

S. 53(3)(a) amended by No. 94/2004 s. 11(5)(b).

        (a)     is not liable to make payments under section 49, 50 or 51 in respect of an injury in relation to any period after the expiration of the period of three years after the injury first manifests itself or, in the case of a person who was a minor when the injury first manifested itself, after the person attains the age of 21; and

S. 53(3)(b) amended by Nos 84/1994 s. 55(2)(m), 94/2004 s. 11(5)(b).

        (b)     ceases to be liable to make payments to a person under section 49, 50 or 51 in respect of an injury when the sum of the amounts paid by the Commission to the person under sections 44, 45, 49, 50, 51 and 54 equals $99 220.

    (4)     Subsection (3) does not apply in relation to payments to a person who is injured as a result of a transport accident if—

S. 53(4)(a) substituted by No. 84/1994 s. 35(1).

        (a)     a determination of the degree of impairment has been made under section 46A, 47(7) or  47(7A) in respect of the injury; and

S. 53(4)(b) amended by No. 32/1988 s. 13(2).

        (b)     the person suffers a degree of impairment as a result of the injury that is determined by the Commission as 50 per centum or more.

S. 53(5) inserted by No. 84/1994 s. 35(2).

    (5)     Subsection (3) does not apply in relation to payments to a person who is injured as a result of a transport accident if—

        (a)     a determination of a degree of impairment has not been made under section 46A or  47(7A) in respect of the injury as at 3 years after the accident; and

        (b)     the person suffers a degree of impairment as a result of the injury that if it were to be determined by the Commission would be likely to be determined as 50 per centum or more.