(8) This section, other than subsection (7), continues S. 47(8) to apply in respect of a person who is injured in a amended by No. 32/1988 transport accident, despite the determination of a s. 12(6). degree of impairment under that subsection unless the person has recovered damages in accordance with Part 6. S. 48 48 Impairment benefit where more than one accident amended by involved Nos 32/1988 s. 12(7), (1) In this section, the is the date of relevant date 84/1994 ss 33(1), commencement of section 13 of the Transport 55(2)(o), Accident (Amendment) Act 2004. substituted by No. 94/2004 (2) This section applies if— s. 13. (a) a person is injured as a result of one or more transport accidents; and (b) the person has a total degree of impairment of 11% or more as a result of that accident, or those accidents; and (c) the person is injured in a subsequent transport accident, and the person's total degree of impairment is increased by 1% or more as a result of that subsequent accident. (3) This section also applies if— (a) a person is injured as a result of one or more transport accidents; and (b) the person has a total degree of impairment of 1% or more, but less than 11%, as a result of that accident, or those accidents; and (c) the person is injured in a subsequent transport accident, and the person's total degree of impairment as a result of the transport accidents is increased to 11% or more; and (d) the person has not previously become entitled to a benefit under this section.
S. 47(8) amended by No. 32/1988 s. 12(6). (8) This section, other than subsection (7), continues to apply in respect of a person who is injured in a transport accident, despite the determination of a degree of impairment under that subsection unless the person has recovered damages in accordance with Part 6. S. 48 amended by Nos 32/1988 s. 12(7), 84/1994 ss 33(1), 55(2)(o), substituted by No. 94/2004 s. 13. 48 Impairment benefit where more than one accident involved (1) In this section, the relevant date is the date of commencement of section 13 of the Transport Accident (Amendment) Act 2004. (2) This section applies if— (a) a person is injured as a result of one or more transport accidents; and (b) the person has a total degree of impairment of 11% or more as a result of that accident, or those accidents; and (c) the person is injured in a subsequent transport accident, and the person's total degree of impairment is increased by 1% or more as a result of that subsequent accident. (3) This section also applies if— (a) a person is injured as a result of one or more transport accidents; and (b) the person has a total degree of impairment of 1% or more, but less than 11%, as a result of that accident, or those accidents; and (c) the person is injured in a subsequent transport accident, and the person's total degree of impairment as a result of the transport accidents is increased to 11% or more; and (d) the person has not previously become entitled to a benefit under this section.
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