41Compensation for household services and attendant care services

41  Compensation for household services and attendant care services

 (1) Subject to subsection (5), if, as a result of an injury to a covered person, the covered person obtains household services that he or she reasonably requires, the Commonwealth is liable to pay compensation of such amount per week as Comcare considers reasonable in the circumstances, so long as that amount is:

 (a) not less than 50% of the amount per week paid or payable by the covered person for those services; and

 (b) not more than $449.92.

 (2) Without limiting the matters that Comcare may take into account in determining the household services that are reasonably required in a particular case, Comcare must, in making such a determination, have regard to the following matters:

 (a) the extent to which household services were provided by the covered person before the date of the injury and the extent to which he or she is able to provide those services after that date;

 (b) the number of persons living with the covered person as members of his or her household, their ages and their need for household services;

 (c) the extent to which household services were provided by the persons referred to in paragraph (b) before the injury;

 (d) the extent to which the persons referred to in paragraph (b), or any other members of the covered person’s family, might reasonably be expected to provide household services for themselves and for the covered person after the injury;

 (e) the need to avoid substantial disruption to the employment or other activities of the persons referred to in paragraph (b).

Note: For paragraph (2)(d), see also subsection 7(1) (family relationships).

 (3) If, as a result of an injury to a covered person, the covered person obtains attendant care services that he or she reasonably requires, the Commonwealth is liable to pay compensation of:

 (a) $449.92 per week; or

 (b) an amount per week equal to the amount per week paid or payable by the covered person for those services;

 (4) Without limiting the matters that Comcare may take into account in determining the attendant care services that are reasonably required in a particular case, Comcare must, in making such a determination, have regard to the following matters:

 (a) the nature of the covered person’s injury and the degree to which that injury impairs his or her ability to provide for his or her personal care;

 (b) the extent to which any medical service or nursing care received by the covered person provides for his or her essential and regular personal care;

 (c) the extent to which it is reasonable to meet any wish by the covered person to live outside an institution;