10Eligibility for a subsidy to assist the purchase of an initial motor vehicle

10 Eligibility for a subsidy to assist the purchase of an initial motor vehicle

(1) Subject to any other provision of this Part, a person is eligible for compensation in the form of a subsidy to assist the person to purchase an initial motor vehicle if: (a) the person is an eligible person; and (b) the person either: (i) cannot drive a motor vehicle without driving or other modifications that enable the person to drive safely; or (ii) cannot be driven in a motor vehicle without modification that enables the person to be transported safely and in reasonable comfort; and (c) the person can establish: (i) where the person owns a motor vehicle or has an interest in a motor vehicle—that it is either not possible or not practicable to modify that motor vehicle; or (ii) the person does not own a motor vehicle or have an interest in a motor vehicle; and (d) if the person is a resident of a care institution, the person is capable of leaving the care institution; and (e) an approved program provider or an occupational therapist has made a written recommendation to the Commission that the approved program provider or occupational therapist is satisfied on reasonable grounds that the person would derive benefit directly from: (i) driving a motor vehicle, taking account of the benefits to the person’s physical and mental health and the person’s level of mobility without driving a motor vehicle; or (ii) being driven in a motor vehicle, taking account of the benefits to the person’s physical and mental health and the person’s level of mobility without access to a motor vehicle. (2) For the purposes of subsection (1), a person is not to be taken to derive direct benefit through the use of the motor vehicle by another person solely for that other person. (3) The Commission may determine to grant a person compensation for modifying a motor vehicle where a person is eligible under subsection (1) if it considers that is appropriate compensation in all the circumstances. Compensation under subsection (1) is only to be available if modification of a person’s motor vehicle or a motor vehicle in which they have an interest is not a cost effective or appropriate option.