Looking at section 29 (1)

“Subject to subsection (5), where, as a result of an injury to an employee, the employee obtains household services that he or she reasonably requires, Comcare is liable to pay compensation of such amount per week as Comcare considers reasonable in the circumstances, being not less than 50% of the amount per week paid or payable by the employee for those services nor more than $200.”

In all cases, when considering claims for household services

This will usually be established by medical evidence and any recent rehabilitation assessments (where applicable) on the file record.

However, as the following example demonstrates, an employee need not always be incapacitated for section 29 (1) to apply.  It should not be assumed that, because an employee is no longer incapacitated, he or she no longer has a compensable condition and other Act benefits may not apply.

The effectiveness of maintaining the employee at work, while still keeping service payments to reasonable levels, must be considered.  Effectiveness in this circumstance is gauged by balancing:

• the cost of household services against the potential cost of payment of an incapacity benefit; and

• ensuring that the employee is assisted to continue with his or her goal of full time employment.

In such a circumstance, it would be important to ensure that a Return to Work Plan is in place, with section 29 services used to support the plan's goals.

Approval of services should never be an open ended decision and must be reviewed and supported by the treating practitioner (over and above individual claim recommendations) after 3 months, except where it is clear from the nature and extent of injury that ongoing assistance will be required.

An employee who is likely to suffer the effects of a condition over a number of years is better able to substantiate services which would ordinarily not be considered to be reasonable, in relation to the length of time services will be required.

Potentially severely incapacitating or otherwise restricting conditions which may require indefinite or long-term use (6 to 12 months) of the benefits of section 29 (1) will include:

• paraplegia and quadriplegia;

• brain damage; and

• full amputation involving the arms or legs.