Notice Type
Departmental
Direction to the Accident Compensation Corporation (``ACC'') Relating to Government Policy on Education Support for Children Background 1. Under regulations made pursuant to the Accident Rehabilitation and Compensation Insurance Act 1992, ACC provided transport to schools, and teacher aides for children who were covered by that Act and needed assistance to receive education. Those regulations were revoked by the Accident Insurance Act 1998 (``the Act'') from 1 July 1999. 2. Under section 290 of the Act, ACC must pay from the Non-Earners' Account, an amount to pay for education-related support for children requiring special assistance as a result of personal injury covered by the Act to enable them to receive education. 3. Section 290 (5) of the Act provides that the amount to be paid, the person to whom it must be paid, and the manner of payment must be as specified in a policy direction. 4. A policy direction was issued on 1 July 1999, which covers the period from 1 July 1999 to 31 December 1999. Policy Direction Definitions 5. The following definitions apply in this Policy Direction: a ``Insured'' means any person who has cover under the Act, and is: i Both: Enrolled at a registered school within the meaning of the Education Act 1989 or is exempted under section 21 or 22a of that Act from the requirement to be enrolled or is exempted under section 26 (other than under section 26 (1) (b) (iii)) of that Act from attending a school; and Entitled to free education at any state school under section 3 of the Education Act 1989; or ii. Attending an early childhood education service which is, under section 316 of the Education Act 1989, licensed or exempted from licensing requirements, or a home based service chartered under section 312 of that Act. ``Teacher Aide'' means a person a Who assists an insured during the school day or during an early childhood education service with: i Educational activities (whether remedial or practice work) set and supervised by the insured's teacher; ii Dressing, grooming, feeding, toileting, and other personal care tasks; iii Mobility and positioning; and iv Communication and interpersonal skills; but b Who is not, at the time of giving that assistance, the insured's classroom or subject teacher. 6. Pursuant to sections 290 and 339 of the Act, I hereby direct that ACC must pay an amount for the costs of education- related support for children requiring special assistance as a result of personal injury covered by the Act to enable them to receive education. The amount is for the period from 1 January 2000 to 31 December 2000, and is to be calculated by adding Amount A to Amount B. Amount A - Teacher Aides 7. ACC must pay an amount (``Amount A'') for the provision of Teacher Aides. 8. Amount A must be calculated by: a ACC's assessing the number of hours that each insured needs to have a Teacher Aide as the result of the injury for which they have cover under the Act; and b Following such an assessment, paying $13.02 for each hour that a Teacher Aide is assessed as being required for the insured. 9. ACC must pay the relevant parts of Amount A to each Teacher Aide's employer. 10. ACC must make payment after receiving an invoice from each such employer. Amount B - Transport 11. ACC must pay an amount (``Amount B'') being a contribution to the cost of transport between each insured's school or early childhood education service and place of residence. Amount B is the total of, for each insured who is entitled to Teacher Aide assistance under this Policy Direction, the amounts reached by: i Calculating the lowest fare payable on the cheapest of any available scheduled transport; or ii Where there is no scheduled transport, or such transport is not appropriate due to the insured's injury for which they have cover under the Act, calculating at the rate of $1.00 per kilometre. 12. The amounts calculated must be reduced by any conveyance allowance paid by the Ministry of Education. 13. The amounts calculated must not exceed the amount that would have been calculated for the journey between the insured's place of residence and the nearest appropriate school or early childhood education service that meets the insured's needs. 14. ACC must pay the relevant parts of Amount B: i Where it is calculated under paragraph 11 (i) above, to the insured and after the transport has been provided; or ii Where it is calculated under paragraph 11 (ii) above, to each of the providers of the transport, after receiving an invoice from the provider. Dated at Wellington this 29th day of October 1999. MURRAY STUART McCULLY, Minister for Accident Insurance.
Publication Date
4 Nov 1999

Notice Number

1999-go8080

Page Number

3893