Document ID: chunk:federal_register_of_legislation:F2015L01245:body:0:p6
Version: federal_register_of_legislation:F2015L01245
Segment Type: other
Provision Reference: 
Character Range: 14931–17825

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 access to a motor vehicle.

    3.3.2          For the purposes of paragraph 3.3.1, a person is not to be taken to derive direct benefit through the use of the motor vehicle by another person.

    3.3.3          The Commission may determine to grant a person compensation for modifying a motor vehicle where a person has applied for subsidy under paragraph 3.3.1 if it considers that is appropriate compensation in all the circumstances. Compensation under paragraph 3.3.1 is only to be available if modification of a person's motor vehicle or a motor vehicle in which they have an interest is not a cost effective or appropriate option.

3.4 Determining the amount of any subsidy

    3.4.1          The amount of any subsidy under paragraph 3.3.1, is such amount as the Commission considers is reasonable, after deducting the trade-in value at arm's length of the person's existing motor vehicle (if any) or interest in a motor vehicle (if any) and taking account of all the other circumstances the Commission thinks are relevant, including all, or any, of the following:

      (a)     the nature of the person's impairment;

      (b)     the type and cost of the motor vehicle that the person is proposing to purchase;

      (c)     the type and cost of accessories that are reasonably required for the person;

      (d)     the type and cost of alternative motor vehicles to the motor vehicle the person is proposing to purchase;

      (e)     the ability of the proposed motor vehicle to be fitted with any necessary driving devices or be otherwise modified for the person;

      (f)      in relation to a second hand motor vehicle—the number of kilometres travelled by the motor vehicle, the life of the motor vehicle and the possible application of paragraph 3.4.2.

      (g)     if the person's existing motor vehicle was stolen or destroyed through no fault on the part of the person—the full amount of the of insurer's write-off payment.

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

    3.4.2          The Commission may request advice from an approved program provider or an occupational therapist in relation to the type of motor vehicle, the type of any reasonable accessories and the type of any necessary driving devices or modifications to make the motor vehicle safe and reasonably comfortable at the minimum cost.

    3.4.3          The Commission may take any advice provided under paragraph 3.4.2 into account when determining the amount of any subsidy under the Scheme.

3.4.4          Circumstances when a person is eligible for a replacement motor vehicle

    3.4.4 Subject to any other provision of this Part, where a person has received compensation in the form