---
title: "Check a claim for gratuitous attendant care against the statutory threshold"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh"
type: "task"
site: "AI Law Framework"
id: "A21-SB20261022-3"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a claim for gratuitous attendant care against the statutory threshold

> From the care schedule the lawyer supplies, test a claim for gratuitous attendant care against the statutory conditions and leave the weekly hours and the duration for the lawyer to accept.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the care schedule the lawyer supplies, test a claim for gratuitous attendant care against the statutory conditions and leave the weekly hours and the duration for the lawyer to accept. The lawyer names the statute. Where it is the Civil Liability Act 2002 (NSW), the conditions are s 15. The tool does not value the care. |
| What the lawyer must review | The lawyer decides whether the need, the cause and the hour and month thresholds are met, and the value, and writes any schedule that will be served. The note to s 15 records that, by s 3B(1)(b), the section does not apply to proceedings of the kind referred to in s 11 of the Dust Diseases Tribunal Act 1989 (NSW), and that s 15A deals with damages for the services in that setting. Section 15A was not opened. Other jurisdictions are checked on their own Act. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Care threshold checked on the schedule**

The tool tests the care schedule against the statutory conditions. The lawyer decides whether the threshold is met and the value.

- What the AI does: From the care schedule the lawyer supplies, test a claim for gratuitous attendant care against the statutory conditions and leave the weekly hours and the duration for the lawyer to accept. The lawyer names the statute. Where it is the Civil Liability Act 2002 (NSW), the conditions are s 15. The tool does not value the care.
- What the lawyer does: The lawyer decides whether the need, the cause and the hour and month thresholds are met, and the value, and writes any schedule that will be served. The note to s 15 records that, by s 3B(1)(b), the section does not apply to proceedings of the kind referred to in s 11 of the Dust Diseases Tribunal Act 1989 (NSW), and that s 15A deals with damages for the services in that setting. Section 15A was not opened. Other jurisdictions are checked on their own Act.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Where the Civil Liability Act 2002 (NSW) applies, count attendant care services of a domestic nature, nursing, or services that aim to alleviate the consequences of an injury, provided by another person, for which the claimant has not paid and is not liable to pay.
2. Require a reasonable need, a need that arose solely because of the injury, and that the services would not have been provided but for the injury.
3. Apply the 6 hours a week and 6 consecutive months conditions before any amount is calculated.
4. At 40 hours or more a week, the cap is the average weekly total earnings figure in s 15(4). Below 40 hours, the hourly rate is one-fortieth of that amount.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Civil Liability Act 2002 (NSW) s 15](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s15.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-claim-for-gratuitous-attendant-care-against-the-statutory-thresh/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*