(1)  A person may recover, in relation to a personal injury, damages for the loss of capacity to provide gratuitous services to another person.

(2)  A person (the claimant ) may recover under subsection (1) , in relation to a personal injury, damages for the loss of capacity to provide gratuitous services to another person only if –

(a) either –

(i) the claimant was, before the loss of capacity occurred, providing the services to the other person for more than 6 hours per week and more than 6 consecutive months and it was necessary for the services to be provided to the other person; or

(ii) the other person was, before the injury occurred, an unborn child of the person; and

(b) the other person –

(i) is a person who would have been entitled to recover for loss of the claimant's services if the claimant had been killed rather than injured; or

(ii) would have been, if he or she had been born before the injury occurred, entitled to recover for loss of the claimant's services if the claimant had been killed rather than injured; and

(c) there is a reasonable expectation that, but for the loss of capacity, the claimant would have provided those services to the other person, after the injury, for more than 6 hours per week and more than 6 consecutive months; and 

(d) the other person will need the services for more than 6 hours per week and more than 6 consecutive months and the need is reasonable in all the circumstances.

(3)  In calculating damages for the loss of capacity to provide gratuitous services –

(a) the hourly rate is not to exceed one-fortieth of adult average weekly earnings; and

(b) the weekly rate is not to exceed adult average weekly earnings.