Clients with a 28 or a 29 percent Impairment
This must be read in conjunction with the Impairment Benefits policy.
As a result of a change to the Transport Accident Act 1986 (TAA1986) in December 2003, the TAC no longer has a policy to enable the rounding-up of 28% and 29% impairments to 30%. The TAC continues to be committed to ensuring clients, who would normally receive the benefit of the previous rounding policy are not disadvantaged.
In order to ensure common law claims are not delayed, the TAC will determine 28% and 29% impairments at 30% based on the selection criteria below, provided sufficient information is available to enable a final assessment of 30%.
A client is entitled if:
- the assessment is determined under section 46A of the TAA1986
- the final impairment is 28% or 29%
- the assessment is arranged by the TAC and where some exams are not arranged by the TAC, the TAC agrees to accept the solicitor's reports
- there is a likelihood of success in proving negligence against a third party for common law purposes
- the examining specialist/s are able to nominate bottom-line figures (minimum figures below which the assessment will not reduce) for any components which have not stabilised
- the assessment is predominantly based on demonstrable injury
- the assessment of 28 or 29 percent whole person impairment does not involve an interpretation of the guides that is the subject of ongoing litigation.
Who is not eligible for a 30% determination?
A client is not entitled if:
- the criteria under, 'Who is eligible for a 30% determination?', is not met.
- an impairment determination is being reviewed under the Reviewing a TAC Decision policy, by the Supreme Court or Court of Appeal, or a review decision is 28% or 29%
- an interim benefit has been paid and a final impairment determination has not been made.
This policy does not apply if a third party insurer is liable for the common law claim or any other person is liable to indemnify or recompense the TAC for the common law claim. If common law or 'serious injury' has been requested this will be decided under section 93(17) of the TAA1986, not withstanding the allocated impairment of 28% or 29%.
What is a client entitled to once a 30% determination is made?
A client is entitled to:
- a lump-sum benefit and annuity benefits calculated on 30%. This applies to accidents before 16 December 2004; or
- a lump-sum benefit calculated on 30%. This applies to accidents on or after 16 December 2004; and
- a letter from the TAC advising common law proceedings can commence
Transport Accident Act 1986 references: s46A and s93(17)