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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.
Part 4 Payments in respect of injuries
Division 3 Other benefits
Motor Accidents (Compensation) Act 1979 28
18BF Payment of benefits for attendant care services
(1) Benefits for attendant care services under this Subdivision are to be
determined in accordance with the regulations.
(2) A benefit for attendant care services under this Subdivision must be
paid directly to the provider of the attendant care services.
(3) However, if the Commission considers it appropriate, all or part of a
benefit may be paid to the injured person in a manner determined
by the Commission.
Division 3 Other benefits