Direction to the Accident Compensation Corporation 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 are 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. Policy Direction Definitions 4. The following definitions apply in this Policy Direction: (a) ``Insured'' means any person who has cover under the Act, and is: (i) Enrolled at a registered school within the meaning of the Education Act 1989 or is exempted under section 21 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 (ii) Entitled to free education at any state school under section 3 of the Education Act 1989; or (b) Is attending an early childhood education service which is chartered by the Ministry of Education and which is, under section 316 of the Education Act 1989, licensed or exempted from licensing requirements. ``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. 5. Pursuant to sections 290 and 481 (2) 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 July 1999 to 31 December 1999, and is to be calculated by adding Amount A to Amount B. Amount A - Teacher Aides 6. ACC must pay an amount (``Amount A'') for the provision of Teacher Aides. 7. 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. 8. ACC must pay the relevant parts of Amount A to each of the schools that provide the Teacher Aide. 9. ACC must make payment after receiving an invoice from the schools. Amount B - Transport 10. 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. 11. The amounts calculated must be reduced by any conveyance allowance paid by the Ministry of Education. 12. 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. 13. ACC must pay the relevant parts of Amount B: (i) Where it is calculated under paragraph 10 (i) above, to the insured and after the transport has been provided: or (ii) Where it is calculated under paragraph 10 (ii) above, to each of the providers of the transport, after receiving an invoice from the provider. Dated at Wellington this 1st day of July 1999. MURRAY STUART McCULLY, Minister for ARCI.