Domestic assistance services

Section 60AA permits an injured worker to claim for domestic assistance, even if it is provided gratuitously (i.e. without charge).

Domestic assistance compensation will only be payable if:

• the domestic assistance is reasonably necessary as a result of an injury, and
• a medical practitioner has certified, on the basis of a functional assessment of the worker, that it is reasonably
• necessary that the assistance be provided and that the necessity for the treatment arises as a direct result of the injury, and
• the assistance would not be provided to the worker but for the injury (because the worker provided the domestic assistance before the injury), and
• the injury has resulted in a degree of permanent impairment of at least 15% WPI or the assistance to be provided is on a ‘temporary basis’
• the assistance is provided in accordance with a care plan established by the insurer in accordance with the SIRA Guidelines for claiming workers compensation:

Assistance is provided on a ‘temporary basis’ if it is provided:

• for not more than 6 hours per week; and
• for a single period that is not longer than, or multiple periods which together are not longer than, 3 months; and
• pursuant to the relevant injury management plan.

These provisions mean that a worker with a 15% permanent impairment is entitled to domestic assistance compensation for as long as it is reasonably necessary, but workers with less than 15% permanent impairment are only entitled to domestic assistance compensation for a maximum period of 3 months, and for no more than 6 hours per week in that 3-month period.

Gratuitous domestic assistance means domestic assistance provided to an injured worker for which the injured worker has not paid and is not liable to pay (because assistance is usually provided by family members); and is only payable if the person providing the assistance has lost income or forgone employment as a result of providing the assistance.

Payments for domestic assistance are payable to the person who provides the assistance.

Payments for gratuitous domestic assistance are subject to maximum amounts under section 61(2).

Claims for domestic assistance compensation must be properly verified before payment will be made to the provider of the assistance.