36.2 Prescribed Person - Ss19(8),(12),(13),(14)
'Prescribed person' is defined in S19(12) – (14) for the purposes of S19 (compensation for incapacity) and S22 (maintained in a hospital). The definition includes the spouse of the client and any person aged 16 or more who has one of the relationships with the client listed in S19(12)(b):
(i)the father, mother, step-father, step-mother, father-in-law, mother-in-law, grandfather, grandmother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of the employee
(ii)a person in relation to whom the employee stands in the position of a parent or who stands in the position of a parent to the employee
(iii)a person (other than the spouse of the employee or a person referred to in subparagraph (i) or (ii)) who is wholly or mainly maintained by the employee and has the care of a prescribed child, being a child who is wholly or mainly dependent on the employee.
The definition of 'prescribed person' in S19(12) is similar to (but not the same as) the definition of 'dependant' in S4(1), 'dependant' is a key qualifying element in respect of compensation for injuries resulting in death (S17).
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-36-minimum-payment-and-statutory-rates-s196-14/362-prescribed-person-ss198121314
36.2.1 Categorisation of 'prescribed persons'
'Prescribed person' is defined in S19(12) – (14) for the purposes of S19 (compensation for incapacity) and S22 (maintained in a hospital). The definition includes the spouse of the client and any person aged 16 or more who has one of the relationships with the client listed in S19(12)(b):
(i)the father, mother, step-father, step-mother, father-in-law, mother-in-law, grandfather, grandmother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of the employee
(ii)a person in relation to whom the employee stands in the position of a parent or who stands in the position of a parent to the employee
(iii)a person (other than the spouse of the employee or a person referred to in subparagraph (i) or (ii)) who is wholly or mainly maintained by the employee and has the care of a prescribed child, being a child who is wholly or mainly dependent on the employee.
The definition of 'prescribed person' in S19(12) is similar to (but not the same as) the definition of 'dependant' in S4(1), 'dependant' is a key qualifying element in respect of compensation for injuries resulting in death (S17).
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-36-minimum-payment-and-statutory-rates-s196-14/362-prescribed-person-ss198121314/3621-categorisation-prescribed-persons
36.2.2 'wholly or mainly maintained' - S19(12)(b)(iii)
'Prescribed person' is defined in S19(12) – (14) for the purposes of S19 (compensation for incapacity) and S22 (maintained in a hospital). The definition includes the spouse of the client and any person aged 16 or more who has one of the relationships with the client listed in S19(12)(b):
(i)the father, mother, step-father, step-mother, father-in-law, mother-in-law, grandfather, grandmother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of the employee
(ii)a person in relation to whom the employee stands in the position of a parent or who stands in the position of a parent to the employee
(iii)a person (other than the spouse of the employee or a person referred to in subparagraph (i) or (ii)) who is wholly or mainly maintained by the employee and has the care of a prescribed child, being a child who is wholly or mainly dependent on the employee.
The definition of 'prescribed person' in S19(12) is similar to (but not the same as) the definition of 'dependant' in S4(1), 'dependant' is a key qualifying element in respect of compensation for injuries resulting in death (S17).
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-36-minimum-payment-and-statutory-rates-s196-14/362-prescribed-person-ss198121314/3622-wholly-or-mainly-maintained-s1912biii
36.2.3 Illegitimate and adoptive relationships - S19(13)
'Prescribed person' is defined in S19(12) – (14) for the purposes of S19 (compensation for incapacity) and S22 (maintained in a hospital). The definition includes the spouse of the client and any person aged 16 or more who has one of the relationships with the client listed in S19(12)(b):
(i)the father, mother, step-father, step-mother, father-in-law, mother-in-law, grandfather, grandmother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of the employee
(ii)a person in relation to whom the employee stands in the position of a parent or who stands in the position of a parent to the employee
(iii)a person (other than the spouse of the employee or a person referred to in subparagraph (i) or (ii)) who is wholly or mainly maintained by the employee and has the care of a prescribed child, being a child who is wholly or mainly dependent on the employee.
The definition of 'prescribed person' in S19(12) is similar to (but not the same as) the definition of 'dependant' in S4(1), 'dependant' is a key qualifying element in respect of compensation for injuries resulting in death (S17).
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-36-minimum-payment-and-statutory-rates-s196-14/362-prescribed-person-ss198121314/3623-illegitimate-and-adoptive-relationships-s1913
36.2.4 Paid child carers - S19(14)
'Prescribed person' is defined in S19(12) – (14) for the purposes of S19 (compensation for incapacity) and S22 (maintained in a hospital). The definition includes the spouse of the client and any person aged 16 or more who has one of the relationships with the client listed in S19(12)(b):
(i)the father, mother, step-father, step-mother, father-in-law, mother-in-law, grandfather, grandmother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of the employee
(ii)a person in relation to whom the employee stands in the position of a parent or who stands in the position of a parent to the employee
(iii)a person (other than the spouse of the employee or a person referred to in subparagraph (i) or (ii)) who is wholly or mainly maintained by the employee and has the care of a prescribed child, being a child who is wholly or mainly dependent on the employee.
The definition of 'prescribed person' in S19(12) is similar to (but not the same as) the definition of 'dependant' in S4(1), 'dependant' is a key qualifying element in respect of compensation for injuries resulting in death (S17).
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-36-minimum-payment-and-statutory-rates-s196-14/362-prescribed-person-ss198121314/3624-paid-child-carers-s1914