Eligibility: benefits for long-term attendant care services
4E Eligibility: benefits for long-term attendant care services
For section 18BC(1)(c) of the Act, the prescribed criteria are:
(a) the person has suffered an injury of a kind listed in Schedule 1; and
either subregulation (2) or (3) applies.
This subregulation applies if:
(a) the criteria set out in Schedule 1 for that kind of injury are satisfied; and
the injury is permanent and stable.
(3) This subregulation applies if subregulation (2) does not apply but, in the opinion of the Commission, exceptional circumstances exist in relation to the person which warrant the payment of benefits for attendant care services.
(4) The Commission must obtain a certificate from a medical specialist approved by the Commission stating:
the medical specialist has assessed the injured person; and
(b) whether the person has an injury of a kind listed in Schedule 1; and
(c) if the person does have such an injury, whether, at the time the certificate is given, subregulation (2) applies.
(5) For the avoidance of doubt, in assessing whether a person is eligible for benefits under section 18BC, the Commission must be satisfied that the criteria in subregulation (1) are met on the date the Commission assesses the person's eligibility.
In this regulation:
medical specialist means a medical practitioner who holds specialist registration under the Health Practitioner Regulation National Law in a recognised speciality that is relevant to the injury.
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