ACCforum: Attendant Care Issue - ACCforum

Jump to content

Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

Attendant Care Issue entitlement policy?

#1 User is offline   jaynef 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 0
  • Joined: 19-October 04

Posted 04 March 2005 - 10:10 AM

:huh: Query on behalf of Karlasmum. What is current policy practise?
Issues with o'night attendant care, payout to "employee"@ $40-$80 hr depending on intensity of situation.
Can a family member already acknowleged by ACC as main caregiver "self claim" ( If required to stay up with disabled claimant o'night, with no available respite except when claimant is at attending daytime activities ( aprox 6 hours 5 days a week) , or , are they required to hire someone else to do the job (o'night) before ACC will pay out.
Currently caregiver hours o'night and respite hours and when claimant is engaged in daytime activity are unpaid. Caregiver forced to catch up on sleep during daytime respite as well as fit in other necessary daytime activities.
Because the CLAIMANT did not have any household duties prior to diability, caregiver not able to qualify for much needed home help.
Karlasmum internet connection unavailable, can you reply to me.
Regards (jaynef) online.
0

#2 User is offline   ruralkiwi 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 0
  • Joined: 10-February 05

Posted 04 March 2005 - 09:19 PM

:rolleyes:

How old is the claimant please? I think that if the claimant is over the age of 14 years old and is cared for by a family member that the following applies:

overnight supervision-no direct assistance-asleep all night $41.60 per night

direct assistance up to three times per night and less than 2 hrs personal care in total $52.00 per night

direct assistance more than three times per night or exceeding two hours personal care in total $62.40

If the claimant is under the age of 14 years

no payment unless direct assistance up to three times per night but less than two hours personal care in total --hourly rate for full hour in which care is required even if the task did not take that long


regarding personal care provided by family members the rate paid by ACC is 8-32 per hour.You should be getting some respite care too.You have to put a request in for this.

Hope this has been of some help to you. These rates have all increased from 1 March this year I think by 2%
0

#3 User is offline   ernie 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 0
  • Joined: 26-April 04

Posted 07 March 2005 - 04:16 PM

Both attendant care and home help are discretionary entitlements, with the relevant clauses of Schedule 1 of the Act setting out the factors that must be taken into account in the exercise of the discretion:

14.Attendant care—
In deciding whether to provide or contribute to the cost of attendant care, the Corporation must have regard to—
(a)any rehabilitation outcome that would be achieved by providing it; and
(b)the nature and extent of the claimant's personal injury and the degree to which that injury impairs his or her ability to provide for his or her personal care; and
©the extent to which attendant care is necessary to enable the claimant to undertake or continue employment (including agreed vocational training) or to attend a place of education, having regard to any entitlement the claimant has to education support; and
(d)the extent to which household family members or other family members might reasonably be expected to provide attendant care for the claimant after the claimant's personal injury; and
(e)the extent to which attendant care is required to give household family members a break, from time to time, from providing attendant care for the claimant; and
(f)the need to avoid substantial disruption to the employment or other activities of household family members.

17.Home help—
(1)In deciding whether to provide or contribute to the cost of home help, the Corporation must have regard to—
(a)any rehabilitation outcome that would be achieved by providing it; and
(b)the extent to which a claimant undertook domestic activities before the claimant's personal injury and the extent to which he or she is able to undertake domestic activities after his or her injury; and
©the number of household family members and their need for home help; and
(d)the extent to which domestic activities were done by other household family members before the claimant's personal injury; and
(e)the extent to which other household family members or other family members might reasonably be expected to do domestic activities for themselves and for the claimant after the claimant's personal injury; and
(f)the need to avoid substantial disruption to the employment or other activities of the household family members; and
(g)the impact of the claimant's personal injury on the contribution of other family members to domestic activities.
(2)The Corporation is not liable to pay for home help to the extent that home help continues to be provided after a claimant's personal injury by a person—
(a)who lives in the claimant's home or lived in the claimant's home immediately before the claimant suffered his or her personal injury; and
(b)who provided home help before the claimant suffered his or her personal injury.


You can challenge a decision re the exercise of discretion in either of these entitlements if ACC have exercised the discretion on a wrong principle, of failed to take into account a relevant consideration, or taken account of an irrelevant consideration, or if the decision is unreasonable, unfair, or plainly wrong in law.

If ACC are refusing home help on the basis that karlasmum was the primary provider of houshold activities before her son's injury, this would appear to me to be an exercise of discretion on the wrong principle, and therefore challengable. The exclusionary subclause 17(2) makes the Corporation not liable for provision of home help only if it is provided by a person who lived in the claimant's home and provided that home help before the person's injury. So, if because of the family situation and her son's injury, karlamum can no longer provide the home help herself, then there is nothing that prevents ACC from paying for a home helper. They still ahve to take into account the extent to which domestic activitied were done by other household members pre-injury, but this is just one of the many considerations they must balance under Clasue 17(1) in making a decision.

Hope this helps, and sorry it has taken me a couple of days to reply from when we briefly spoke about it.
0

#4 User is offline   waitakerej 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 5
  • Joined: 11-July 14

Posted 12 August 2014 - 06:27 PM

thank you ernie, where do i find this information/act?1``
0

Share this topic:


Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users