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s 114

Meaning of domestic services expenses—pt 2.5

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.5Defined benefits—treatment and care benefits
Division 2.5.2Treatment and care benefits—entitlement

114 Meaning of domestic services expenses—pt 2.5

(1)

In this part:

domestic services expenses, for a person injured in a motor accident, means the reasonable and necessary expenses incurred by the injured person in employing another person to provide domestic services to the injured person’s dependants if—

(a)

the injured person provided those domestic services to the dependants before the motor accident happened; and

(b)

the dependants are not able to undertake the domestic services because of their age, or physical or mental incapacity.

Note 1 Section 128 sets out the period for which defined benefits to which an injured person is entitled are payable.

Note 2 Defined benefits are not payable in relation to domestic services provided to a dependant of the injured person for which the injured person has not paid and is not liable to pay (see s 113 (b) (iii)).

(2)

In this section:

dependant, of a person injured in a motor accident, means any of the following who were wholly or partly dependent on the injured person when the motor accident happened:

(a)

a domestic partner of the injured person;

(b)

a parent, step-parent or grandparent of the injured person;

(c)

a child, step-child, grandchild or step-grandchild of the injured person;

(d)

a sibling, half-sibling or step-sibling of the injured person;

(e)

an uncle, aunt, niece or nephew of the injured person;

(f)

any other person who was a member of the injured person’s household when the motor accident happened;

(g)

an unborn child of the injured person at the time of the motor accident who is born after the accident.

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Section 114 — Meaning of domestic services expenses—pt 2.5 — Motor Accident Injuries Act 2019 (Australian Capital Territory) — Barrister AI