(1) This regulation applies to statutory benefits of the following kinds:
(a) compensation for loss of earning capacity under section 13 of the Act;
(b) compensation for the reasonable cost of medical and rehabilitation services under section 18 of the Act;
(c) long-term benefits for attendant care services under section 18B of the Act.
(2) The Board may, on application by an eligible person, commute a liability to pay statutory benefits to which this regulation applies if satisfied that:
(a) the eligible person is ordinarily resident outside Australia or is about to leave Australia to take up residence, for a substantial period, outside Australia; and
(b) the eligible person is entitled to benefits of the kind for which commutation is sought; and
(c) the eligible person has suffered a permanent impairment as a result of the injury received in, or as a result of, the relevant motor accident and the degree of the permanent impairment (as assessed by the Board) is 15% or more; and
(d) the eligible person's medical condition has stabilised to a point where it is possible to predict the future course of the condition (i.e. the nature and extent of future amelioration or deterioration of the condition) with reasonable certainty.
(3) For determining the amount for which an entitlement to future benefits should be commuted:
(a) the amount of the future benefits will be assessed on the assumption that the eligible person will remain in Australia; and
(b) the probable future amelioration or deterioration of the eligible person's medical condition will be taken into account (and, for this purpose, it will be assumed that the eligible person will receive the benefit of rehabilitative services equivalent to the best that would have been available to the eligible person if he or she had remained in Australia); and
(c) a discount rate of 6% will be applied.
(4) The total amount for which statutory benefits are commuted under this regulation cannot exceed $1million (indexed) and the component of such an amount representing compensation for the reasonable cost of medical and rehabilitation services cannot exceed $300 000 (indexed).
(5) The payment of the amount assessed on commutation discharges the Office from further liability to pay benefits of the kind to which the commutation relates.