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5.10.1 PI claims and withdrawals
PI claims and withdrawals
Generally speaking, a person who makes a claim has the right to withdraw that claim at any stage up until it is determined. This is consistent with an individual claimant’s common law right to control their own affairs. Additionally, it is good administrative practice to withdraw claims prior to determination where the department becomes aware they have made an error, so the claim can be improved before it is investigated. Withdrawal procedures are further discussed in 2.6 of the Compensation Claims Procedures Library.
Once a determination has been made that PI compensation is payable and the claimant is notified, the claim cannot be withdrawn. This is because the Commission has an obligation to pay compensation and the claimant has the right to receive compensation from the time the Commission determines that compensation is payable.
B&PP understand that complex matters concerning withdrawal of claims may arise from time to time and therefore we encourage delegates to seek tailored advice on those cases when they arise.