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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
(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.
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