Document ID: chunk:federal_register_of_legislation:F2015L01245:body:0:p5
Version: federal_register_of_legislation:F2015L01245
Segment Type: other
Provision Reference: 
Character Range: 12219–15170

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 type of any necessary driving devices or modifications to make the motor vehicle safe and reasonably comfortable at the minimum cost.

    3.2.3          The Commission may take any advice provided under paragraph 3.2.2 into account when determining the amount of any subsidy under paragraph 3.1.1.

    3.3               Eligibility for a subsidy to assist the purchase of an initial new or second hand motor vehicle

3.3.1          Circumstances when a person is eligible for a subsidy

    3.3.1          Subject to any other provision of this Part, a person is eligible for compensation in the form of a subsidy to assist the person to purchase an initial new or second-hand motor vehicle if:

the person is an eligible person; 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 can establish:

            (i)                  where the person owns a motor vehicle or has an interest in a motor vehicle—that it is either not possible or not practicable to modify that motor vehicle; or

            (ii)               where the person has not disposed of a motor vehicle owned by the person or an interest in a motor vehicle either12 months before applying for compensation under paragraph 3.3.1 and the person has not purchased a replacement motor vehicle or a replacement interest in a motor vehicle—the person does not own a motor vehicle or have an interest in a motor vehicle; and

      (d)     the person is not a resident of a care institution who is not capable of leaving the care institution; and

      (e)     the person will be able to derive use of the motor vehicle at least twice in any week; and

      (f)      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 access to a motor vehicle.

    3.3.2          For the purposes of paragraph 3.3.1, a person is not to