7Circumstances when a person is eligible for compensation for modifying a motor vehicle

7 Circumstances when a person is eligible for compensation for modifying a motor vehicle

(1) Subject to any other provision of this Part, a person is eligible for compensation to modify a motor vehicle for the person if, and only if, the Commission is satisfied that: (a) the person is an eligible person; and (b) if the person is a resident of a care institution, the person is capable of leaving the care institution; (c) 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 (d) the person owns a motor vehicle or has an interest in a motor vehicle that is capable of having driving devices fitted or modifications made for use by the person; and (e) if the person has an interest in a motor vehicle, any other person with an interest agrees to the motor vehicle being modified in the way proposed; and (f) 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 driving a motor vehicle.