Personal Injuries Resolution Board Act 2022

Amendment of section 11 of Principal Act

3. Section 11 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) A claimant—

(a) shall make an application under this section to the Board for an assessment to be made under section 20 of his or her relevant claim, and

(b) may apply for resolution of his or her relevant claim by way of mediation under Chapter 1A.”,

(b) in subsection (3), by the insertion of the following paragraph after paragraph (b):

“(ba) copies of any documentation concerning the identity of the claimant where such claimant does not have a personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ),”,

and

(c) by the insertion of the following subsection after subsection (3):

“(3A) Notwithstanding subsection (2) and any rules under section 46, an application under this section made on or after the commencement of section 3 (c) of the Personal Injuries Resolution Board Act 2022 shall not be an application for the purposes of section 50, unless it is signed by the claimant and includes confirmation of each of the following:

(a) the claimant’s name, date of birth, phone number, and the address at which he or she ordinarily resides;

(b) the claimant’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ) or, in any case where the claimant does not have a personal public service number, such other documentation concerning his or her identity as may be specified by rules under section 46;

(c) the name and address of the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the accident or incident concerned;

(d) the date and time on which it is alleged that the accident or incident the subject of the application occurred;

(e) a description of how and where it is alleged that the accident or incident the subject of the application occurred;

(f) a description of the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application;

(g) that the medical report enclosed with the application describes the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application.”.