Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016

4 Interpretation

In this Act, unless the context otherwise requires,—

ACC means the Accident Compensation Corporation continued by section 259 of the Accident Compensation Act 2001

client visit means a visit by an HCS employee to a person to provide home and community-based support services to the person (the client)

day

(a)

means a calendar day; but

(b)

in relation to an HCS employee who makes overnight client visits, means the employee’s work period within the meaning of section 69ZC of the Employment Relations Act 2000

deemed distance has the meaning given in section 21(2)

deemed travel time has the meaning given in section 18(2)

DHB means an organisation established as a DHB (District Health Board) by or under section 19 of the New Zealand Public Health and Disability Act 2000

employee means a person who—

(a)

is an employee within the meaning of that term in section 6(1)(a) or (b)(i) of the Employment Relations Act 2000; and

(b)

is not paid a salary

exceptional first client travel has the meaning given in section 5(2)(a)

exceptional last client travel has the meaning given in section 5(2)(b)

exceptional travel has the meaning given in section 5(1)

former HCS employer

(a)

means an entity listed in Schedule 2; but

(b)

if the former HCS employer does not itself have separate legal personality, means the person or persons who have the legal authority to make decisions on behalf of that employer

HCS employee

(a)

means a person who—

(i)

is an employee of an HCS employer; and

(ii)

provides home and community-based support services to clients of the HCS employer; and

(b)

for the purposes of sections 8 and 9, includes a person who—

(i)

was previously an employee of an HCS employer; and

(ii)

provided home and community-based support services to clients of the HCS employer

HCS employer

(a)

means—

(i)

an entity listed in Schedule 3; and

(ii)

an entity that provides home and community-based support services on behalf of an entity listed in Schedule 3, including any subsidiary or subcontractor; but

(b)

if the HCS employer does not itself have separate legal personality, means the person or persons who have the legal authority to make decisions on behalf of that employer

home and community-based support services

(a)

means—

(i)

services funded by the Ministry of Health or a DHB that are performed in a client’s home for the purpose of assisting the client to continue to live in the client’s home (such as personal care, household management, rehabilitation, or vocational services); and

(ii)

services funded by ACC that are performed in a client’s home for the purposes of supporting the client’s rehabilitation from an injury covered by the Accident Compensation Act 2001 and to achieve and sustain the client’s maximum level of participation in everyday life; but

(b)

does not include—

(i)

services that are performed for the purpose of preparing an intellectually disabled client to live independently in the community; or

(ii)

services purchased by a disabled client (or by a disabled client’s caregiver on the client’s behalf) using funding from the Ministry of Health to allow the client (or the client’s caregiver) to directly manage the resources allocated for the client’s disability support

maximum travel distance has the meaning given in section 5(1)

mileage rate means the mileage rate specified in clause 1 of Schedule 4

qualifying distance means the qualifying distance specified in clause 2(1) of Schedule 4

qualifying travel time means the qualifying travel time specified in clause 3(1) of Schedule 4

travel between clients

(a)

means the travel by an HCS employee in a day to get to each client; and

(b)

includes exceptional travel; but

(c)

does not include—

(i)

travel by the employee to the first client visit of the day (unless the travel is exceptional first client travel):

(ii)

travel by the employee after the employee leaves the last client visit of the day (unless the travel is exceptional last client travel).