Section 3.12 — Motor Accident Injuries Act 2017 (NSW)

(1) An injured person is not entitled to weekly payments of statutory benefits under this Division for any period of loss of earnings or earning capacity that occurs more than the maximum weekly payment period after the motor accident concerned.
(2) The maximum weekly payment period is as follows—
(a) 104 weeks, unless the person’s injury is the subject of a pending claim for damages (whether or not the insurer has accepted liability),
(b) 156 weeks if the person’s injury is the subject of such a pending claim and the degree of any permanent impairment of the injured person as a result of the injury is not greater than 10%,
(c) 260 weeks if the person’s injury is the subject of such a pending claim and the degree of permanent impairment of the injured person as a result of the injury is greater than 10%.
(3) The maximum weekly payment period ends if any such pending claim for damages is withdrawn, settled or finally determined after the period of 104 weeks after the motor accident concerned.

Related sections

• s 3.9 — Maximum weekly statutory benefits amount
• s 3.10 — Minimum weekly statutory benefits amount
• s 3.11 — Cessation of weekly payments after 52 weeks to injured persons most at fault or with threshold injuries
• s 3.13 — Termination of weekly payments on retiring age
• s 3.14 — Obligations to provide authorisations and medical evidence
• s 3.15 — Requirements for evidence as to fitness for work

Research how courts apply s 3.12

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.