Clients with a 48 Percent or a 49 Percent Impairment policy
This policy must be read in conjunction with the Impairment Benefits policy.
As a result of a change to the Transport Accident Act 1986 (TAA 1986) in December 2003, the TAC no longer has a policy to enable the rounding-up of 48% and 49% impairments to 50%. 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 seriously injured clients are not financially disadvantaged, the TAC will review impairments scores and the method of calculation to ensure that such clients are able to access their long-term benefits. This means the TAC will determine 48% and 49% impairments at 50%, based on the selection criteria below, provided sufficient information is available to enable a final assessment of 50%.
Who is eligible for a 50% determination?
A client is entitled if:
- the assessment is determined under section 46A of the TAA 1986
- the final impairment is 48% or 49%
- 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
- 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 48 or 49 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 50% determination?
A client is not entitled if:
- the criteria under 'Who is eligible for a 50% 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 decision is 48% or 49%
- an interim impairment benefit has been paid and a final impairment determination has not been made.
What is a client entitled to once a 50% or more determination is made?
- A client whose accident occurs before 16 December 2004 is entitled to a lump-sum benefit and annuity benefits to age 75. Annuity benefits are not payable if a client is receiving loss of earnings capacity (LOEC) benefits.
- A client whose accident occurs on or after 16 December 2004 is entitled to a lump-sum benefit only. Annuity benefits are not payable for transport accidents on or after 16 December 2004.
- The TAC can pay LOEC benefits to an eligible client until the client reaches their 'pension age' if no set retirement age exists in the client's pre-accident occupation and if the final impairment is 50% or more. LOEC benefits are subject to review once in every 5 years. Refer to the LOEC Benefits policy.
Transport Accident Act 1986 references: s.46Aand s.55