Application of section

(1)

This section applies to a person (the patient ) if:

(a) the patient has been continuously maintained in a hospital or other institution as a result of a service injury or disease for at least one year; and

(b) the patient is still being maintained as such a patient; and

(c) the patient has:

(i) no dependants; and

(ii) no dependent young persons (see subsection (4)); and

(iii) no carer for a dependent young person (see subsection (4)); and

(d) subsection 125(1) would apply to the patient but for the operation of this section.

Amount of compensation

(2)

The Commission must determine the amount of compensation that it considers reasonable that the Commonwealth is liable, under section 118, to pay to the patient for each week during which he or she is so maintained. However, the amount must be at least one-half of, and not more than, the amount of compensation that would otherwise have been payable to the patient for a week if subsection 125(1) had applied.

Matters to be considered

(3)

In determining the amount, the Commission must have regard to:

(a) the present and probable future needs and expenses of the patient; and

(b) the period during which the patient is likely to remain a patient in the hospital or the other institution.

The Commission must not have regard to any other matter.

Definitions

(4)

In this section: