Document ID: chunk:federal_register_of_legislation:F2015L01245:body:0:p4
Version: federal_register_of_legislation:F2015L01245
Segment Type: other
Provision Reference: 
Character Range: 9591–12520

of false or misleading information or the failure in respect of the provision of compensation under the Scheme and the impact on the person of the determination.

     PART 3—ELIGIBILITY AND AMOUNT OF COMPENSATION

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

    3.1.1          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:

the person is an eligible person; and

the person is not a resident of a care institution who is not capable of leaving the care institution;

the person is able to drive or derive use of the motor vehicle at least twice in any week; and

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

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

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

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.

    3.2               Amount of any subsidy

    3.2.1          The amount of any subsidy under paragraph 3.1.1, is such amount as the Commission considers is reasonable, taking account of all the other circumstances the Commission thinks are relevant, including all, or any, of the following:

the nature of the person's impairment;

the nature of proposed driving devices or modifications;

the type and cost of alternative suitable driving devices or modifications that are reasonably available and cost effective;

whether there are alternative providers of suitable driving devices or modifications that are reasonably accessible and cost effective.

3.2.2.Commission may request advice from an approved program provider or an occupational therapist

    3.2.2          The Commission may request advice from an approved program provider or an occupational therapist in relation to the