Military Compensation SchemeSafety Rehabilitation and Compensation Act 1988 (SRC Act)
Subject
REQUESTS FOR PAYMENT OF COMPENSATION FOR THE COST OF NURSING SERVICES AND FOR TRAVEL AND OTHER EXPENSES FOR CARERS
Purpose
1.The purpose of this Military Compensation and Rehabilitation Instruction (MCRI) is to provide advice to MCRS Delegates regarding the manner in which claims for compensation for costs incurred in relation to carers of severely injured employees are to be determined under the SRC Act.
Background
2.An increasing number of requests are being received in MCRS offices for payment of compensation for the costs incurred by or on behalf of carers of severely injured employees when the injured employee wishes to holiday or to go to social, sporting and recreational events. The costs claimed have so far have included the cost of air, rail and coach fares, accommodation, meals, admission to cinemas, football stadiums etc.
3.This issue was previously addressed in Defence Compensation Instruction (DCI) Number 41 which was issued on 17 August 1999.
4.Since DCI 41 was issued, it has been made necessary to reconsider the information contained in that DCI in light of a recent decision (of 24 August 2001) by Senior Member Beddoe of the Administrative Appeals Tribunal in the matter of Wilby v Comcare (Department of Defence). In that case, Senior Member Beddoe found, in effect, that the cost of nursing care services were at all times in Mr Wilby's case covered by section 16 of the SRC Act. That is, the cost of Mr Wilby's having a carer with him are payable under section 16 whether he is at home or whether he is away from home. Senior Member Beddoe also found that the additional expenses (e.g; air fares, accommodation, meals, admission costs etc) which may be incurred by or in relation to the carer's attendance with Mr Wilby when he goes on holiday or to sporting, social or recreational events are covered by section 29 of the SRC Act.
Cancellation of Defence Compensation Instruction (DCI)
5.DCI 41 is hereby cancelled.
Policy
6.In all cases in which an injured employee seeks compensation for the cost of attendance of a carer to accompany him/her when he/she goes on holiday or to go to sporting, social, and recreational events, it will of course be necessary that the Delegate be satisfied that it is essential that the employee be accompanied by the carer at the activity in question. A carer's attendance should only be considered to be essential if the injured employee is severely injured and reasonably requires the constant care of another person (usually a qualified nurse). If the available medical and other evidence confirms that the attendance of the carer on the holiday or at the event/activity is essential, then:
- the cost of the carer's attendance with the employee (the hourly or daily cost of nursing care) should be met under section 16 of the SRC Act (the definition of “medical treatment” in section 4 includes the cost of nursing care), and
- the reasonable additional costs incurred (either by the carer or by the injured employee) in having the carer accompany him/her (e.g; air fares, accommodation, meals, admission costs etc) should be met under section 29 of the SRC Act. Since there is a maximum amount of compensation which can be paid under section 29 for attendant care services each week, that maximum amount is all which can be awarded per week for such costs. Any amounts above the statutory maximum will not be payable under the SRC Act.
The amount of compensation payable for each individual week is the lesser of the maximum amount payable under section 29 or the amount of the additional expenses actually incurred by or on behalf of the carer in that week.
In all cases where additional compensation is sought by an injured employee for carers' additional costs, Delegates should advise the claimant (preferably before the event) that it will be necessary to provide receipts to confirm the additional expenditure.
7.Any enquires concerning the information contained in this MCRI should be directed to Mr John Vidler of the National Office of the MCRS in Canberra. John can be contacted by telephone on (02) 6289 4851 or by e-mail at john.vidler@dva.gov.au
Mark Travers
Director
Policy and Procedures Section
October 2001
MILITARY COMPENSATION AND REHABILITATION SERVICE