Page 1639 - Week 05 - Tuesday, 14 May 2019
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Clause 161 (3)
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Clause 161 (4)
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(or is taken to accept)
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Clause 162 heading
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162 Final offer WPI 5% or more—injured person entitled to make motor accident claim
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Clause 162 (1) (a)
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10%
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5%
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Clause 162 (4)
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Proposed new clause 180A
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180A Lump sum agreement for payment of certain defined benefits
(1) This section applies if an insurer must pay treatment and care benefits or income replacement benefits to a person injured in a motor accident.
(2) The insurer and the injured person may agree that the insurer pay the defined benefits expected to be payable to the injured person by giving the injured person a lump sum payment to cover the amount of the defined benefits (a lump sum agreement).
(3) The insurer—
(a) must continue to pay the injured person the defined benefits to which the person is entitled until the insurer and injured person have entered into a lump sum agreement; but
(b) may agree with the injured person about the frequency (not more than fortnightly) of the payment of the defined benefits.
(4) If the insurer and injured person enter into a lump sum agreement, the injured person—
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