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7.3.2 What constitutes an 'Application' for S27(3)
A claim for compensation under S54 does NOT constitute an 'Application' for compensation for permanent impairment for the purposes of S27(3).
Rather, the client must have made a specific, written application for compensation for permanent impairment under S24 and/or for non-economic loss under S27. Such an application would usually be in one of the following forms:
- a 'Benefit Election Record' with Permanent Impairment Question 6 ticked 'Yes'
- a partly completed 'Permanent Impairment and Non-Economic Loss Questionnaire', or
- a letter specifically requesting compensation for permanent impairment or non-economic loss.
A general enquiry about possible entitlements, or a request for compensation without mentioning 'permanent impairment', 'Section 24', 'Section 27', 'non-economic loss' or some other explicit, equivalent term should not be accepted.
An application must be in written form. This includes applications received by facsimile or by e-mail.