58—Damages in respect of gratuitous services
(1) Damages are not to
be awarded—
(a) to
allow for the recompense of gratuitous services except services of a parent,
spouse, domestic partner or child of the injured person; or
(b) to
allow for the reimbursement of expenses, other than reasonable out-of-pocket
expenses, voluntarily incurred, or to be voluntarily incurred, by a person
rendering gratuitous services to the injured person.
(2) Damages awarded to
allow for the recompense of gratuitous services of a parent, spouse, domestic
partner or child are not to exceed an amount equivalent to 4 times
State average weekly earnings.
(3) However, the court
may make an award in excess of the limit prescribed by subsection (2) if
satisfied that—
(a) the
gratuitous services are reasonably required by the injured person; and
(b) it
would be necessary, if the services were not provided gratuitously by a
parent, spouse, domestic partner or child of the injured person to engage
another person to provide the services for remuneration,
but, in that event, the damages awarded are not to reflect a rate of
remuneration for the person providing the services in excess of State average
weekly earnings.
(4) Despite the
preceding subsections, in a case involving an injured person who has suffered
personal injury arising from an MVA motor accident—
(a)
damages referred to in subsection (1) are not to be awarded unless—
(i)
the injury scale value that applies under the regulations
in relation to the injury exceeds 10; and
(ii)
the services are provided or to be provided—
(A) for at least 6 hours per week; and
(B) for a period of at least
6 consecutive months; and
(b) any
hourly rate used for the purposes of determining any damages awarded to allow
for the recompense of gratuitous services of a parent, spouse,
domestic partner or child is not to exceed a rate prescribed by the
regulations for the purposes of this paragraph.
(5) Furthermore, in a
case involving a person who is a participant in the Scheme under the Motor
Vehicle Accidents (Lifetime Support Scheme) Act 2013 , subsection (1)
operates subject to the qualification that damages are not to be awarded for
the recompense of gratuitous services of a parent, spouse, domestic partner or
child of the participant in respect of any assessed treatment, care and
support needs, as defined or determined under that Act (whether being past or
future needs), that relate to the motor vehicle injury (as defined by that
Act) in respect of which the person is a participant in that Scheme.
(6) A reference in
subsection (5) to a person who is a participant in the Scheme under the
Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 will be taken
to include a reference to a person who has been an interim participant in that
Scheme (and who has received any treatment, care and support needs under that
Act).