Section 29 (5) Provisions

Section 29 (5) states

“Comcare is not liable to pay compensation under subsection (1) in respect of any week within the period of 28 days beginning on the date of the injury unless Comcare determines otherwise in a particular case on the ground of financial hardship or the need to provide for adequate supervision of dependent children.”

This section precludes payment for household services claims made within 28 days of the date of injury except where one of the following circumstances applies:

financial hardship;

Example

An employee is able to demonstrate that he or she requires services straight away, but financially is unable to personally pay for such services.

the employee is required to provide for his or her children to be supervised from the date of injury.

Example

An employee, a single parent, has 3 dependent children under 5 years of age. The employee's family does not live in close proximity and he is unable to rely on the support of friends to assist with supervision of the children due to their own commitments.

Following a compensable injury, the employee finds that the injury has caused significant difficulty in his capacity to manage both the children and complete some household chores. Looking after his children alone is taking double the amount of time it did prior to injury.

As the need to look after the children is of greater priority and responsibility, the inclusion of subsection 29 (5) ensures that all reasonable household tasks can be completed for the employee.

In both cases, the requirement for household services would probably also attract entitlement after 28 days, but financial hardship and/or provision of supervised care are triggers for early payment.

It should be noted that there is no provision in the Act for payment of childcare services. Section 29 (5) quite clearly refers back to section 29 (1) - payment for household services only, as defined by section 4 of the Act - where financial hardship or the need to supervise dependant children applies.

All claims for services made within 28 days of the date of injury should therefore be rejected, unless either of the above exceptional circumstances applies.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-nine-non-incapacity-payments/part-five-section-29-payments/section-29-5-provisions

How to determine financial hardship

Section 29 (5) states

This section precludes payment for household services claims made within 28 days of the date of injury except where one of the following circumstances applies:

financial hardship;

Example

An employee is able to demonstrate that he or she requires services straight away, but financially is unable to personally pay for such services.

the employee is required to provide for his or her children to be supervised from the date of injury.

Example

As the need to look after the children is of greater priority and responsibility, the inclusion of subsection 29 (5) ensures that all reasonable household tasks can be completed for the employee.

All claims for services made within 28 days of the date of injury should therefore be rejected, unless either of the above exceptional circumstances applies.