Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:86
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 86
Character Range: 144564–146007

86  Determination by Secretary if judgment or settlement does not, or does not adequately, take into account future costs of home care
 (1) For subsections 48‑5(5) and (6) of the Act, in making a determination in respect of a judgment or settlement entitling a care recipient to compensation, the Secretary must take into account the following matters:
 (a) the amount of the judgment or settlement;
 (b) for a judgment—the components stated in the judgment and the amount stated for each component;
 (c) the proportion of liability apportioned to the care recipient;
 (d) the amounts spent on home care at the time of the judgment or settlement.
Note: For paragraph (1)(b), examples of the components of a judgment include the following:
(a) loss of income;
(b) costs of future care.
 (2) The Secretary may also take into account any other matters the Secretary considers relevant, including the following:
 (a) the amounts that are likely to be paid to, or withheld by, other government agencies because of the judgment or settlement;
 (b) the amounts spent on care (other than home care) at the time of the judgment or settlement;
 (c) the likely cost of home care for the care recipient;
 (d) other costs of care for which the care recipient is likely to be liable;
 (e) other reasonable amounts, not related to care, that the care recipient:
 (i) has spent at the time of the judgment or settlement; or
 (ii) is likely to be liable for.