13Circumstances when a person is eligible for a replacement motor vehicle

13 Circumstances when a person is eligible for a replacement motor vehicle

(1) Subject to any other provision of this Part, where a person has received a previous motor vehicle, the person is eligible for compensation to assist with the purchase of a replacement motor vehicle under this section if: (a) any of the following applies at a time when the person is an eligible person: (i) the person’s claim for compensation under this section is made at least 5 years after the person last received compensation under section 7 or section 10; or (ii) the person’s previous motor vehicle has travelled at least 100,000 kilometres after it was purchased or modified, whichever last occurred; or (iii) the person’s previous motor vehicle was stolen or destroyed through no fault of the person; and (b) an approved program provider or 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; and (c) a qualified mechanic considers that the person’s previous motor vehicle is unsafe, taking into account the previous motor vehicle’s maintenance and service history, and its condition. (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.