s. s. 46A 46A (i) has not advised the person that he or she appears likely to be entitled to an impairment benefit; and (ii) has not received an application in writing from the person requesting the Commission to carry out an impairment assessment— the Commission is to be taken to have made a determination that the degree of impairment is 0%. S. 46A(1B) (1B) The period of 6 years referred to in inserted by subsection (1A) applies— No. 84/2000 s. 13. (a) in respect of a transport accident that occurred before the commencement of section 13 of the Transport Accident (Amendment) Act 2000, from the commencement of that section; and S. 46A(1B)(b) (b) in respect of a transport accident that occurs amended by on or after the commencement of section 13 No. 80/2010 s. 5(2)(a). of the Transport Accident (Amendment) Act 2000, from the time that the transport accident occurs; and S. 46A(1B)(c) (c) in the case of an injury to a person who was inserted by a minor at the time of the transport accident, No. 80/2010 s. 5(2)(b). from the day on which the person attains the age of 18 years. S. 46A(1C) (1C) If an injury of a person who was not a minor when inserted by the accident occurred has not stabilised 3 years No. 94/2004 after the accident, or 3 years after any injury first s. 10(4). manifests itself (as the case may be), the person may ask the Commission— (a) to determine his or her degree of impairment; or (b) to wait until the injury has stabilised before determining his or her degree of impairment.
(i) has not advised the person that he or she appears likely to be entitled to an impairment benefit; and s. 46A (ii) has not received an application in writing from the person requesting the Commission to carry out an impairment assessment— the Commission is to be taken to have made a determination that the degree of impairment is 0%. S. 46A(1B) inserted by No. 84/2000 s. 13. (1B) The period of 6 years referred to in subsection (1A) applies— (a) in respect of a transport accident that occurred before the commencement of section 13 of the Transport Accident (Amendment) Act 2000, from the commencement of that section; and S. 46A(1B)(b) amended by No. 80/2010 s. 5(2)(a). (b) in respect of a transport accident that occurs on or after the commencement of section 13 of the Transport Accident (Amendment) Act 2000, from the time that the transport accident occurs; and S. 46A(1B)(c) inserted by No. 80/2010 s. 5(2)(b). (c) in the case of an injury to a person who was a minor at the time of the transport accident, from the day on which the person attains the age of 18 years. S. 46A(1C) inserted by No. 94/2004 s. 10(4). (1C) If an injury of a person who was not a minor when the accident occurred has not stabilised 3 years after the accident, or 3 years after any injury first manifests itself (as the case may be), the person may ask the Commission— (a) to determine his or her degree of impairment; or s. 46A (b) to wait until the injury has stabilised before determining his or her degree of impairment.
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