Motor Accidents (Compensation) Act 1979
1July 2014.
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1 July 2014. 18BB Eligibility for short-term benefits for attendant care services (1) Benefits for attendant care services are payable under this section to or for the benefit of an eligible person if: (a) the eligible person suffers an impairment as a result of the injury received in, or as a result of, the motor accident; and (b) the person requires attendant care services in consequence of the impairment; and (c) the person has not been assessed as eligible for interim or long-term attendant care services. (2) Benefits are payable for a period of up to 1 year after the date of the motor accident. 18BC Eligibility for long-term benefits for attendant care services (1) Benefits for attendant care services are payable under this section to or for the benefit of an eligible person if: (a) the eligible person suffers an impairment as a result of an injury received in, or as a result of, the motor accident; and (b) the person requires attendant care services in consequence of the impairment; and (c) the criteria prescribed by regulation for this section are satisfied. (2) Benefits under this section are payable for life. 18BD Eligibility for interim benefits for attendant care services (1) Benefits for attendant care services are payable under this section to or for the benefit of an eligible person if: (a) the eligible person suffers an impairment as a result of an injury received in, or as a result of, the motor accident; and (b) the person requires attendant care services in consequence of the impairment; and
Part 4 Payments in respect of injuries Division 2 Attendant care services Subdivision 2 Injuries received on or after 1 July 2014 Motor Accidents (Compensation) Act 1979 27 (c) the criteria prescribed by regulation for this section are satisfied. (2) However, benefits under this section are not payable if benefits are payable under section 18BC. (3) Benefits under this section cease to be payable: (a) if the injured person was less than 3 years of age at the date of the accident – when the person attains 6 years of age; or (b) otherwise – 3 years after the date the injured person makes a claim under this Act. (4) The Commission must determine whether an injured person in receipt of benefits under this section is eligible for benefits under section 18BC prior to the expiry of the period in subsection (3). (5) A person cannot be eligible for interim benefits for attendant care services more than once for the same impairment. 18BE Attendant care services for which benefits are payable (1) Benefits are only payable under this Subdivision for attendant care services that: (a) are provided in Australia; and (b) in the opinion of the Commission : (i) are necessary and reasonable in the circumstances; and (ii) relate to the person's injury; and (c) are of a standard the Commission considers appropriate; and (d) are provided by: (i) an approved provider; or (ii) if the Commission determines that special circumstances exist, a person approved by the Commission in writing. (2) In this section: approved provider means a person, or a person of a class, approved by the Commission in accordance with criteria prescribed by regulation to provide attendant care services.