DCI 41 - REQUESTS FOR PAYMENT OF TRAVEL AND OTHER EXPENSES FOR CARERS - x

DEFENCE COMPENSATION INSTRUCTION – NO 41

Military Compensation Scheme - Safety Rehabilitation and Compensation Act 1988

Subject

REQUESTS FOR PAYMENT OF TRAVEL AND OTHER EXPENSES FOR CARERS

Several recent requests have been referred to the MCRS National Office for guidance on the payment of travel and other costs incurred by carers accompanying severely injured clients travelling for holidays and other recreational purposes. Such requests have included airfares, accommodation, taxis, restaurant meals and other social activities such as entry to sporting, cultural events and movies etc.

Policy

Whilst sympathy must be had for difficulties faced by severely injured employees there is no provision in the Safety Rehabilitation and Compensation Act 1988 to accomodate such requests.

The requests received to date have essentially been in relation to travel or other activities of a recreational or social nature. Advice has been obtained from the Australian Government Solicitor (AGS) and Comcare as to whether such costs may be payable under:

Section 16 Compensation in Respect of Medical Expenses etc

Unless the travel or other costs are for the purposes of obtaining medical treatment as allowed for under Section 16(6) then such costs cannot be paid under Section 16. The requests referred to the National Office have essentially been of a recreational or social nature and do not meet this criteria.

Section 29 Compensation for Household Services and Attendant Care Services

Section 29 allows for regular weekly payments for attendant care to a current maximum of $281.56 per week.  Attendant care services are defined in Section 4 as "... services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the employee".

Costs incurred by a carer in accompanying the client on recreational travel or on social events do not meet the criteria of being “required for the essential and regular personal care of the employee".

Section 37 Provision of Rehabilitation Programs

The reimbursement of costs incurred during what are essentially recreational or personal activities does not fall within the scope of a Rehabilitation Program (defined as “includes medical, dental, psychiatric, and hospital services (whether on an in-patient or out-patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training”).

Whilst some of these expenses may have been approved in the past, advice received from the AGS and Comcare is that there is no provision under the Act to enable payment to be made

Please contact ADMCR on (02) 6266 8639 for any queries on this DCI.

BRENDAN SARGEANT

ASJET

17 August 1999