39Compensation payable in respect of certain alterations etc.

#### 39 Compensation payable in respect of certain alterations etc. (1) Where: (a) an employee suffers an injury resulting in an impairment; and (b) the employee is undertaking, or has completed, a rehabilitation program (except in connection with a determination under subsection 37(1A)) or has been assessed as not capable of undertaking such a program (except an assessment arranged under subsection 36(1A)); the relevant authority is liable to pay compensation of such amount as is reasonable in respect of the costs, payable by the employee, of: (c) any alteration of the employee’s place of residence or place of work; (d) any modifications of a vehicle or article used by the employee; or (e) any aids or appliances for the use of the employee, or the repair or replacement of such aids or appliances; being alterations, modifications or aids or appliances reasonably required by the employee, having regard to the nature of the employee’s impairment and, where appropriate, the requirements of the rehabilitation program. (2) The matters to which the relevant authority shall have regard in determining the amount of compensation payable in a particular case under subsection (1) include such of the following matters as are relevant in that case: (a) the likely period during which the alteration, modification, aid or appliance will be required; (b) any difficulties faced by the employee in gaining access to, or enjoying reasonable freedom of movement in, his or her place of residence or work; (c) any difficulties faced by the employee in gaining access to, driving or enjoying freedom and safety of movement in, a vehicle used by the employee; (d) any alternative means of transport available to the employee; (e) whether arrangements can be made for hiring the relevant aid or appliance; (f) when the employee has previously received compensation under this section in respect of an alteration of his or her place of residence or a modification of a vehicle and has later disposed of that place of residence or vehicle—whether the value of that place of residence or vehicle was increased as a result of the alteration or modification. (3) An amount of compensation payable under this section is payable: (a) to, or in accordance with the directions of, the employee; (b) if the employee dies before the compensation is paid and without having paid the cost referred to in subsection (1) and another person, not being the legal personal representative of the employee, has paid that cost—to that other person; or (c) if that cost has not been paid and the employee, or the legal personal representative of the employee, is unable, or refuses or fails, to make a claim for the compensation—to the person to whom that cost is payable. (4) Where a person is liable to pay any cost referred to in subsection (1), any amount paid under subsection (3) to the person to whom that cost is payable is, to the extent of the payment, a discharge of the liability of the first‑mentioned person.