10.10 Provision of Motor Vehicle Assistance under section 39 of DRCA

Source URL: https://clik.dva.gov.au/rehabilitation-policy-library/10-alterations-modifications-aids-appliances-and-motor-vehicle-assistance/1010-provision-motor-vehicle-assistance-under-section-39-drca

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10.10.1 Provision of Motor Vehicle Modifications under section 39(1)(d) of DRCA

DVA can pay for the supply and installation of vehicle modifications under section 39(1)(d) of the DRCA where:

  • the  client’s current vehicle is deemed suitable for modification;
  •  the criteria in section 39 of DRCA are met; and
  • an assessment has been completed by a Driver Trained Occupational Therapist which confirms that the client requires modifications to their vehicle because of their accepted conditions.

Vehicle modifications may include, but are not limited to:

  • automatic transmission;
  • hand controls;
  • power steering;
  • wheelchair hoist;
  • left foot accelerator;
  • cruise control;
  • steering column adjustment;
  • specialised seating;
  • wheelchair access for client to their vehicle;
  • fixtures for wheelchair to allow in-wheelchair transportation;
  • additional air-conditioning (e.g. tetraplegia resulting in poor body temperature regulation).

Funding can also be provided to train or support a person in using the modified vehicle, if this is required (e.g. in helping the person learn to use hand controls or a left foot accelerator safely).

In most cases, the person’s impairment must be stabilised for the person to be eligible for vehicle modifications under section 39(1)(d) of the DRCA. This ensures that the vehicle modifications will be able to meet the person’s ongoing needs.

It is important that a client does not purchase a vehicle before they receive written approval from the Department. Section 10.9.1 in this chapter contains a number of scenarios explaining how different circumstances may be considered and the possible consequences for clients.

The owner of the vehicle should be afforded a reasonable level of choice regarding the automotive engineering firm who conducts the modifications. However, the Rehabilitation Coordinator must be satisfied of ‘value for money’ by requiring the provision of competitive quotes. The number of quotes to be obtained should be commensurate with the cost of the project:

  • a) 1 quote for projects up to $1,000
  • b) 2 quotes for projects $1,001 to $2,000, and
  • c) 3 quotes for projects $2,001 and over.

Prior to work commencing on a vehicle, the owner(s) of the vehicle must provide written consent for the modifications to be undertaken. Such consent is especially important where the vehicle is not solely owned by the client.

For information regarding Delegation levels, refer to CLIK section 2.9 Delegations.

 

Source URL: https://clik.dva.gov.au/rehabilitation-policy-library/10-alterations-modifications-aids-appliances-and-motor-vehicle-assistance/1010-provision-motor-vehicle-assistance-under-section-39-drca/10101-provision-motor-vehicle-modifications-under-section-391d-drca

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10.10.2 Short term assistance with transport while conditions stabilise

Where a person’s impairment has not yet stabilised or is not assessed as being permanent, car modifications are not payable under section 39(1)(d) of the DRCA. In these circumstances, consideration may be given to pay compensation of a short term nature until the barriers(s) impacting on the person’s mobility and functioning are addressed, the person’s ongoing level of impairment is known and the potential eligibility for assistance under section 39 can be determined.

The type of short term assistance, that can be provided to a person because of the impact of their service related injury, is through taxis. For example, a person is experiencing difficulties in travelling to and from employment, and/or the lack of transport is creating barriers to a person being able to reintroduce critical structure back into their lives or to participate in community activities then short term transport assistance, via taxis, may be considered as part of a psychosocial rehabilitation plan while the person’s condition(s) stabilises.

When considering requests for assistance, it is important to be aware of community expectations and whether it would be reasonable for family members to assist a person with their transport needs.

For example, if prior to their injury, a client did voluntary community work on weekends, while their partner worked, then taxis could be utilised under a psychosocial rehabilitation plan to enable the client to continue to meet this commitment. Conversely, if the person lived close to their voluntary employment and their partner was available to assist them to get there, it would be reasonable to expect that this would occur, rather than DVA paying the costs of taxi fares.

Requests for short term assistance which require the provision of taxis should be supported by medical evidence. In order to ensure consistency in decision making, the same approach described in section 10.12.1 of this chapter, which outlines short term transport assistance through taxis for MRCA clients, should also be applied to clients with entitlements under section 39 of the DRCA.

If the person is a serving member and their rehabilitation is being managed by the ADFRP, then there is an expectation that short term transport assistance, while the impairment stabilises, will be provided through the ADFRP. Once the impairment is permanent and the person’s ongoing needs are known, motor vehicle assistance can be considered where a formal request for these services is made through the ADFRP.

Source URL: https://clik.dva.gov.au/rehabilitation-policy-library/10-alterations-modifications-aids-appliances-and-motor-vehicle-assistance/1010-provision-motor-vehicle-assistance-under-section-39-srca/10102-short-term-assistance-transport-while-conditions-stabilise

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10.10.3 Where an existing vehicle is not suitable for modification

The Military Rehabilitation and Compensation Commission (MRCC) has determined that where it is not feasible for the client’s existing motor vehicle to be modified, funding may be provided for the cost difference between a suitable vehicle (acquired by the client at their own cost) with the option fitted (for example, automatic transmission) and a vehicle of the same or similar model without the option (for example, manual transmission). This may occur where the vehicle is too old, technically unsuitable, not cost effective or not safe to modify.

Reimbursement for the difference between the cost of a vehicle with the required modifications and the same or similar model without modifications can be considered if the client’s vehicle is not suitable for modification. Vehicles not suited to modification are generally those more than ten years old, which makes suitable parts and modifications time and cost intensive to source. Modifying older vehicles also reduces the useful life, and consequently the effective value of the modification.

It should be noted that DVA may still be responsible for other modifications to the recommended vehicle, which have been identified and recommended following an assessment by a Driver Trained Specialist Occupational Therapist (OT) and agreed to by the DVA delegate. The recommended vehicle would also need to be assessed as being suitable for any additional modification recommended in the assessment.

 The amount reimbursed under this policy shall not exceed the amount which would need to have been spent to modify the original vehicle.

If a client purchases a vehicle with the required modifications for less than the trade in of their existing vehicle, there would be no cost difference or evidence of an actual costs incurred for any payment to be approved.

Example

For example, a DRCA client is assessed by a Driver Trained Specialist OT as needing an automatic transmission to safely operate their vehicle following an accepted injury. A mechanical review of the client’s 1991 Toyota has discovered that the automatic transmission necessary for modification may cost $15,000 to install and the parts cannot be sourced in good enough condition to make the modification safe. The client could potentially be reimbursed for the difference between the manual model of the replacement vehicle assessed as meeting the client’s needs, and the automatic model, but only up to an amount that is less than the quoted $15,000.

In such cases, there must be evidence of an actual cost involved in the acquisition of the automatic transmission. An OT may identify an appropriate model vehicle with an automatic transmission which is valued at the same cost as the manual model of the same vehicle. In this case, there would not be any reimbursement payable as there is no cost difference.

Source URL: https://clik.dva.gov.au/rehabilitation-policy-library/10-alterations-modifications-aids-appliances-and-motor-vehicle-assistance/1010-provision-motor-vehicle-assistance-under-section-39-drca/10103-where-existing-vehicle-not-suitable-modification

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10.10.4 DVA's responsibility following modifications

Under section 39(1) of the DRCA, DVA accepts responsibility for the reasonable cost of any repairs or maintenance to an approved modification once the modification to a vehicle owned by a client has been made.

DVA will only pay once for a modification to a particular vehicle.

In practical terms, this means that if the client changes their vehicle in future:

  • the new vehicle should include the modified item (e.g. automatic transmission) as a standard feature; and
  • the value of the modifications already provided will be considered when assessing requests for future similar modifications; and
  • any financial gain made by the client because their vehicle included specific modifications will be considered when determining funding for any future modifications.

Source URL: https://clik.dva.gov.au/rehabilitation-policy-library/10-alterations-modifications-aids-appliances-and-motor-vehicle-assistance/1010-provision-motor-vehicle-assistance-under-section-39-srca/10104-dvas-responsibility-following-modifications

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