Section Sch1-22 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Transport for independence: rights and responsibilities

22 Transport for independence: rights and responsibilities (1) The Corporation is not required to purchase, or contribute to the purchase of, a motor vehicle if the claimant, or a person proposing to transport the claimant,— (a) owns or part owns or has the use of a vehicle that may be modified in order to assist in restoring the claimant's independence; or (b) disposed of a vehicle, after the claimant's personal injury, that may have been able to be modified in order to assist in restoring the claimant's independence. (2) The Corporation is— (a) not liable— (i) to ensure that the claimant pays any person that sells the vehicle or undertakes the modifications; or (ii) to pay that person directly, if the claimant does not pay: (b) not required to meet the cost of maintenance or repair of any vehicle or modification to a vehicle, or for registration, licensing fees, insurance, or other running costs: (c) not required to meet the cost of removing any vehicle modifications no longer required or for restoring any vehicle to its former state: (d) not liable for any loss of resale value resulting from modifications to any vehicle: (e) not required to contribute to the cost of replacing a vehicle for whose purchase or modification the Corporation has already contributed, unless the replacement is necessary for the claimant to maintain independence: (f) not required to contribute to a replacement under paragraph (e) if the claimant's need for a replacement vehicle arises because the claimant— (i) has not maintained or insured the existing vehicle; or (ii) has, without a reasonable excuse, disposed of the existing vehicle. (3) In determining the amount to be paid in respect of a vehicle, the Corporation may take into account the value of any other motor vehicle owned by the claimant, if the claimant previously used the vehicle on a regular basis. (4) The Corporation must— (a) make payments for the purchase of, or modification to, a vehicle to the claimant, unless the claimant requests otherwise; and (b) make the payment by way of an outright grant. (5) The Corporation is not entitled to recover any payment made to the claimant if— (a) the claimant no longer requires the vehicle modifications; or (b) the vehicle is disposed of or destroyed. Compare: 1998 No 114 Schedule 1 cl 51 Subclause (1) was amended, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ is not required to ” for the words “ is not liable to ” . Subclause (2)(b) and (c) was amended, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ not required to meet ” for the words “ not liable for ” . Subclause (2)(e) and (f) was amended, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ not required to ” for the words “ not liable to ” .