ACC Legislative changes to assessment and eligibility for vocational rehabilitation

Briefing notes:
Legislative changes to assessment and eligibility for vocational rehabilitation 

Changes to Vocational Rehabilitation rules
 
Three aspects of how ACC manages vocational rehabilitation have changed following the introduction of phase two of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008, which came into force on 1 October 2008.

Providers have been briefed on the changes. The following is a summary of the key provisions of the Amendment Act in relation to vocational rehabilitation. 
 
1.   Pre-incapacity earnings

From 1 October 2008 Occupational Assessors must take the client’s pre-incapacity earnings into consideration when completing the initial occupational assessment or vocational independence occupational assessment.
 
• The appropriate pre-incapacity earnings figure is the amount of income being earned at the date of the client’s incapacity that is closest to the initial occupational assessment or the vocational independence occupational assessment.

The ACC098 referral forms have been updated with a section to include pre-incapacity earnings.

• Pre-incapacity earnings are not an overriding factor to be considered by occupational assessors. They are one of many factors you need to consider, along with other factors you have routinely considered prior to the amendment (training, experience, qualifications, skills etc).

Occupational assessors will not automatically decide a job is unsuitable because the earnings are incomparable.

• Occupational Assessors will use their expertise to source information on appropriate earnings.  The reports will need to provide clear evidence and explanation of how pre-incapacity earnings have been considered and taken into account when identifying job options. 

This will help ensure that jobs identified for clients during the occupational assessment are appropriate when considering their previous employment. A client’s pre-incapacity earnings will not, by themselves, restrict vocational rehabilitation or impact on the vocational independence process.

2.   Discretion to provide vocational rehabilitation beyond three years

The second change is that ACC may, at its discretion, provide vocational rehabilitation in appropriate cases for longer than three years. This discretion will only be applied if ACC considers vocational rehabilitation would be likely to achieve its purpose under the client’s individual rehabilitation plan, and would be cost effective and appropriate.

3.   Removal of NZ Superannuation age barrier
 
The third change is that clients remain eligible to receive vocational rehabilitation past the New Zealand Superannuation qualifying age (currently 65), due to the removal of upper age limit for vocational rehabilitation.

Click here to download a word doc 178 kb