Section 3.13 — Motor Accident Injuries Act 2017 (NSW)

(1) If the motor accident that causes a person’s injury happens before the person reaches the retiring age, a weekly payment of statutory benefits is not to be made under this Division in respect of any resulting period of loss of earnings or earning capacity occurring after the first anniversary of the date on which the person reaches the retiring age.
(2) If the motor accident that causes a person’s injury happens on or after the person reaches the retiring age, a weekly payment of statutory benefits is not to be made under this Division in respect of any resulting period of loss of earnings or earning capacity occurring more than 12 months after the motor accident occurs.
(3) In this section—
retiring age means the age at which a person would, subject to satisfying any other qualifying requirements, be eligible to receive an age pension under the Social Security Act 1991 of the Commonwealth.

Related sections

• 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 3.12 — Cessation of weekly payments to other injured persons after maximum weekly payments period
• s 3.14 — Obligations to provide authorisations and medical evidence
• s 3.15 — Requirements for evidence as to fitness for work
• s 3.16 — Decisions about earning capacity

Research how courts apply s 3.13

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