Child Care Services for Accidents on or after 1 January 2005 policy

This policy relates to child care for transport accidents on or after 1 January 2005. Please contact the policy team for any specific queries about child care for transport accidents on or before 31 December 2004. 

Policy

The TAC can pay the reasonable cost of child care services:

• for a client who cared for a child before a transport accident and who has sustained a transport accident injury which affects his/her ability to provide child care; or 
• on the claim of a client who has died as a result of transport accident injuries and who cared for a child before the accident.

Transport Accident Act 1986 reference: s.60(2)(c) 

Background

An eligible TAC client may receive a combination of home services, child care services and post acute support. The TAC cannot pay for more than a combined total of 40 hours of services a week for each individual TAC claim.

Transport Accident Act 1986 reference: s.60(2AA) 

The TAC may periodically review a client's entitlement to ongoing child care to ensure that the services remain reasonable for the transport accident injury and are payable under the Act.

Child care services can only be funded for a maximum of 5 years after the injury or death of a client.

Definitions

In this policy:

• Child care services are the duties relating to the direct care of a child which a client performed before the transport accident such as feeding and bathing. Child care services replace the care of a child whose caregiver has died or sustained injuries that prevent or limit the normal provision of those services.
• Home services are the tasks within the primary residence which a client performed before the transport accident such as vacuuming and mopping floors and gardening. See also the Home Services for Accidents on or after 1 January 2005 policy.
• Post acute support is assistance for a person requiring support in personal care, mobility, transfers, banking and shopping following discharge from hospital. See also the Post Acute Support for Accidents on or after 1 January 2005 policy.
• Paid employment is work for which the TAC client received payment of any kind.
• Full time employment is working is paid employment for 35 hours per week or more. 
• Approved Child Care is a child care service which complies with the strict requirements of Commonwealth and Victorian law. Types of approved child care are:
• • Long Day Care: is a child care centre that provides all day or part-time care for children mainly up to school age. It may also be called a preschool, kindergarten, early learning centre or child care centre.
  • Occasional Care: is a child care centre that provides more flexible arrangements for care than long day care, e.g. while attending a doctor's appointment.
  • Outside School Hours Care (OSHC) program: is a child care centre that provides care for primary age children before and after school and/or school holiday periods.
  • Family Day Care: is child care delivered in a provider's home. Family day care providers must hold relevant child care qualifications.
  • In home care: is child care delivered in the child's home. This service is available only where other forms of child care are inadequate for the child's particular needs.
  • Complex care: is child care provided in the child's home where the child/ren have high needs which are not met by another form of child care. Complex care is available only in exceptional cases and is delivered exclusively by TAC Preferred Providers.
• Registered Child Care is child care provided by an individual registered with the Department of Human Services. This can include a nanny/au pair, relative or friend.

Guidelines

Who is eligible for child care services?

The TAC can pay for the reasonable costs of child care services where:

• The client had been engaged in the care of a child in the 30 days before the transport accident, which includes:
• • A woman who was pregnant at the time of the transport accident; or
  • The domestic partner of a woman who was pregnant at the time of the transport accident which occurred on or after 20 October 2010. For example, child care services can be funded for a pregnant woman's domestic partner who is recovering from transport accident injuries after the child is born, as it would be assumed that they would have contributed to the care of the child if the accident had not occurred. 
• The client did not receive salary or wages for that child care.
• The client:
• • requires child care to receive medical or rehabilitation treatment for transport accident injuries; or
  • is unable to perform child care duties due to their transport accident injuries.

How much child care can be provided?

The TAC can pay for the reasonable cost of child care services up to a maximum of 40 hours per week less any amount of home services and post acute support that is received by the client.

Transport Accident Act 1986 reference: s.60(2AA)

How long can the TAC pay for child care services?

The TAC can pay for child care services up to a maximum of 5 years after the injury or death of a client.

How does a client's pre-accident employment affect their entitlement to child care services?

A client in paid employment at the time of the transport accident will receive child care services on a sliding scale based on the hours in paid employment. The TAC can only pay for child care for the period that the injured client would have spent caring for the child i.e. the period of time that the client was not engaged in full time employment. The following entitlements may apply to clients who meet the child care eligibility criteria: 

Where a client had arranged a return to employment before the transport accident injury (for example, conclusion of maternity leave or a new job was to commence), the TAC may re-assess eligibility and ongoing child care entitlements from the date work was to begin. TAC loss of earnings entitlements will also be reassessed at this stage in line with the TAC Loss of Earnings policy.

What does the TAC consider when determining a client's eligibility for child care?

The following will be considered when determining a client's eligibility for child care:

• Supports and services used by the client before the transport accident.
• The age and developmental needs of the child or children requiring child care services.
• The number of children requiring child care services.
• The needs of the child and family.
• The reasonable capacity of other members of the household to care for the child or children.

The TAC will also consider the following for a client who is unable to care for a child due to transport accident injuries:

• Functional status of the client.
• Transport accident-related treatment and rehabilitation that the client is required to attend.
• Capacity of others in the household to provide child care.
• Reasonable cost of child care services in accordance with the existing fees of the approved child care service provider, or where agency care is used, the TAC Fee Schedule for Home Services.
• Provision of adaptive equipment to assist the client to perform child care tasks independently.
• Use of Family Support Workers to assist a client to increase independence with child care tasks.

Can the TAC fund child care on the claim of a client who has died as a result of their transport accident injuries?

The TAC can pay for the reasonable cost of child care services for the family of a client who has died as a result of their transport accident injuries. The deceased must have been engaged in the care of a child in the 30 days prior to the transport accident and must not have received wages for providing that care. A medical practitioner request is not required to substantiate the need for child care services in these cases.

Child care services are payable for a maximum of 5 years after the injury or death of the client, whichever occurs first.

Can the TAC fund the cost of transport to child care or school?

The TAC will not pay for the cost of transport to and from a child care facility or school. The TAC can pay for a child care provider's time to transport a child to school or other activities, but cannot pay for the actual travel costs incurred. The cost of travel (including taxi fares, petrol reimbursement, parking fees) cannot be paid for the by the TAC because they are expenses incurred regardless of the transport accident.

See also the Travel and Accommodation Expenses policy.

What does the TAC need to consider funding child care services?

For clients with a 'severe injury' request and approval of services may form part of the independence planning process in consultation with the TAC coordinator and the client's treating medical practitioner.

For all other clients the TAC requires a request from a client's treating medical practitioner prior to approval of child care services (except where a client has died as a result of their transport accident injuries). Unless otherwise stated, a request for child care should not exceed 3 months. The request of the treating practitioner must explain the:

• details of the client's transport accident injuries
• impact of the injuries on the client's ability to perform child care tasks
• the child care needs of the child or children concerned
• duration of time that child care services are needed per week/fortnight/month
• expected duration of the client's incapacity to perform child care tasks; and
• particular childcare tasks which are necessary due to the client's injuries and the child/children's needs.

Who can provide child care services?

Child care services can only be carried out by providers authorised by the TAC under Section 23 of the Transport Accident Act 1986.

Approved child care is considered the minimum standard of child care by the TAC. The following criteria must be met by Approved child care providers:

• compliance with the National Quality Framework 
• licenced under Victorian (or equivalent state) government law to operate a child care service 
• employment of trained staff with relevant child care qualifications and current Working With Children Check; and maintain safety and quality standards with regular opening hours.

Registered child care providers must meet the following criteria:

• register as a provider with the Department of Human Services; and
• be aged over 18  years OR have a qualification in child care or home-based help

Registered, In-home and Complex child care services will only be considered when all other forms of child care have been explored and deemed inappropriate.

Registered and In-home care will only be approved where:

• a client's transport accident injury prevents them from undertaking child care tasks; and
• the client lives in a rural or remote location.

Complex care will only be approved where:

• a child has high needs which cannot be met by other forms of child care and/or
• there are three or more children under school age in the client's home

What support is available for a child with a transport accident-related disability?

The criteria under the heading "Who can provide child care services?" also applies in respect of a child who sustains a disability in a transport accident. It is also expected that where eligible, providers will seek government funding (such as the Inclusion Support Subsidy) to assist in the ongoing care of children with high support needs.

Can the TAC pay for child care for children who come into a client's care after the transport accident?

The TAC can only pay for child care services for children cared for by a client before a transport accident. This includes a child conceived by a client or their domestic partner before a transport accident.

Transport Accident Act 1986 reference: s.60(2AB) 

What will the TAC not pay for in relation to child care services?

The TAC cannot pay for:

• Services for a person other than the injured or deceased client.
• Child care services for tasks that the client did not perform prior to the transport accident. For example, a client who had a relative providing unpaid care for his/her child for 2 days per week is not entitled to receive child care services for duties performed by that relative.
• Child care services for a child coming into the client's care (i.e. conceived, adopted or fostered) after the transport accident.
• Expenses normally associated with caring for a child, e.g. food, nappies or school uniforms.
• Services for a circumstance, injury or condition that existed before a transport accident or that is not a direct result of a transport accident. For example, child care services are not payable for a client on holiday without his/her children because the service is not required as a direct result of a transport accident injury.
• Any child care services paid for by the client before the transport accident.
• Additional fees associated with child care services, e.g. excursion fees or meals.
• Services received by the injured person outside the Commonwealth of Australia
• Services provided more than 2 years prior to the request for funding except where the request for payment is made within 3 years of the transport accident. Refer to the Time Limit to Apply for the Payment of Medical and Like Expenses policy.