What you can claim
Gratuitous services includes domestic work that is normally done at no cost, such as cleaning and gardening, by a spouse, domestic partner, parent or child.
You may be eligible for compensation for gratuitous services under section 58 of the Civil Liability Act 1936 (the CL Act) if:
- the ISV for your dominant injury is 11-100, and
- the services are provided, or will be provided, for at least 6 hours per week and for a period of at least 6 consecutive months, and
- the services must be provided by either your parent, spouse, domestic partner or child, and
- the services paid or payable do not exceed a prescribed rate (refer to the Table for Gratuitous Services for rate details).
Compensation must not exceed an amount equivalent to 4 times State average weekly earnings. There are limited exceptions to this, set out in Section 58(3) of the CL Act.
Gratuitous services cannot be claimed by a brother, sister, friend or neighbour, however, under Section 58 (1)(b) of the CL Act, reasonable out-of-pocket expenses incurred may be reimbursed in your claim such as when a friend drives you to medical appointments when you are unable to drive yourself. Your friend would need to keep records of appointment dates and times and mileage and provide them to you to include in your claim.