21 Nov 2013
ACC fulfilled its statutory obligation under Clause 14 by providing attendant care payments to the claimant; the caregiver (father) has no independent statutory entitlement to reimbursement of the difference between family caregiver and agency employee rates and the court cannot award such reimbursement; therefore the respondent's decision was correct and the appeal is dismissed.
5 May 2009
Regulation 8(1) of the Attendant Care Regulations was not impliedly repealed by section 26A; section 26A(1) is subject to section 26A(2) and the ministerial power in section 159(2) validly authorised a direction requiring compliance with regulations, so the temporal restriction in reg 8(1) continued to apply and attendant care payments commence from the date of the written application (21 October 1997).
20 Dec 2007
Court held ACC acted on a wrong principle by applying a night-rate category inapplicable to the claimant (applying the over-14 rate to a child under 14) and by failing to undertake an individual assessment; the review decision on night rate is quashed and remitted for reconsideration. Further, the court held regulation 8(1)'s restriction on payment from application date was inconsistent with the subsequently enacted s26A and thus does not prevent backdating of attendant care payments in this case; the review decision on date of payment is quashed and remitted for reconsideration.
11 Oct 1996
The communications made by the appellant's family (telephone contact about 6 July 1994 and the letter of 22 July 1994) were equivalent to an application for consideration under the CPI Regulations; therefore the appellant was entitled to attendant care payments backdated to the commencement of the CPI Regulations (1 July 1994).
17 Jun 1996
The regulations unambiguously prescribe commencement dates for attendant care and home help payments and contain no discretionary power to backdate to hospital discharge where the written application date is later; therefore payments properly commenced from the written application date of 26 January 1995 and the appeal must be dismissed.
7 Jun 1995
The judge held that the appellant was 'entitled to receive' compensation under s.80 of the 1982 Act immediately before 1 July 1992 such that s.149(1) and s.149(2) preserved her entitlement until 30 June 1993; consequently the Corporation must assess and pay attendant care under s.80(3) back to the date of birth up to 30 June 1993 and, pursuant to Regulation 3, pay attendant care from 1 July 1993 until 5 November 1993 when the Corporation began payments.