Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010

Reprint as at 1 May 2021

Coat of Arms of New Zealand

Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010

(SR 2010/424)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 22nd day of November 2010

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 324 of the Accident Compensation Act 2001, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, given on the recommendation of the Minister, makes the following regulations.

Regulations

1 Title

These regulations are the Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010.

2 Commencement

These regulations come into force on 1 January 2011.

3 Purpose

These regulations prescribe the costs that the Corporation is liable to pay for entitlements for covered hearing loss.

4 Interpretation

In these regulations,—

claimant means a person aged 18 years or over

covered hearing loss means hearing loss covered as a personal injury

devices means—

(a)

hearing aids:

(b)

accessories for hearing aids, including, but not limited to, remote controls:

(c)

consumables, excluding batteries, for the items in paragraphs (a) and (b).

Regulation 4 claimant: inserted, on 1 July 2014, by regulation 4 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

5 Assessment

(1)

This regulation applies when an audiologist—

(a)

completes a full audiological assessment using pure tone audiogram and speech audiometry; and

(b)

provides a report to the Corporation.

(2)

The cost that the Corporation is liable to pay is $160.99.

(3)

The cost is payable for—

(a)

the first assessment and report; and

(b)

subsequent assessments and reports if they occur at intervals of at least 6 years.

Regulation 5(2): amended, on 1 May 2021, by regulation 4 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

5A Device consultations

(1)

This regulation applies when—

(a)

an audiologist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

the claimant has the Corporation’s prior approval to the application of this regulation; and

(d)

the claimant has not yet chosen to receive new or replacement devices; and

(e)

the claimant consults an audiologist for the purposes of considering a range of devices suitable to his or her needs and budget.

(2)

The maximum cost that the Corporation is liable to pay for 1 device consultation is $102.05.

(3)

The cost to which the claimant is entitled is payable for a maximum of 2 device consultations.

(4)

However, the Corporation is only liable to pay for the second device consultation if that consultation occurs with an audiologist who was not involved in the first device consultation.

(5)

The cost is payable at intervals of at least 6 years.

Regulation 5A: inserted, on 1 July 2014, by regulation 6 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 5A(2): amended, on 1 May 2021, by regulation 5 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

6 Devices not chosen

(1)

This regulation applies when—

(a)

an audiologist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

the claimant has the Corporation’s prior approval to the application of this regulation; and

(d)

an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(e)

an audiologist provides follow-up services and incurs expenses for handling and management; and

(f)

at the end of the trial period, the claimant chooses not to receive devices.

(2)

The cost that the Corporation is liable to pay is $124.64.

(3)

The cost is payable at intervals of at least 6 years.

Regulation 6(2): amended, on 1 May 2021, by regulation 6 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

7 Devices

(1)

This regulation applies when—

(a)

an audiologist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

the claimant has the Corporation’s prior approval to the application of this regulation; and

(d)

an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(e)

an audiologist provides follow-up services and incurs expenses for handling and management; and

(f)

at the end of the trial period, the claimant chooses to receive devices.

(2)

The maximum cost that the Corporation is liable to pay for devices for each ear with covered hearing loss is prescribed in the Schedule.

(3)

The cost to which the claimant is entitled is payable—

(a)

when the devices are first fitted; and

(b)

at intervals of at least 6 years subsequently.

Regulation 7(2): amended, on 1 July 2014, by regulation 8 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

8 Fittings

(1)

This regulation applies when—

(a)

an audiologist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

the claimant has the Corporation’s prior approval to the application of this regulation; and

(d)

an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(e)

an audiologist provides follow-up services and incurs expenses for handling and management; and

(f)

at the end of the trial period, the claimant chooses to receive devices.

(2)

The cost that the Corporation is liable to pay for a fitting for both ears is $1,142.96.

(3)

The cost that the Corporation is liable to pay for a fitting for 1 ear is $832.73.

(4)

The costs described in subclauses (2) and (3) are payable—

(a)

when the fitting first occurs; and

(b)

at intervals of at least 6 years subsequently.

(5)

Within 1 year of a fitting under subclause (3), the claimant is entitled to 1 fitting for the other ear.

(6)

The cost that the Corporation is liable to pay for the fitting described in subclause (5) is $311.60.

Regulation 8(2): replaced, on 1 July 2014, by regulation 9(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 8(2): amended, on 1 May 2021, by regulation 7(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

Regulation 8(3): replaced, on 1 July 2014, by regulation 9(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 8(3): amended, on 1 May 2021, by regulation 7(2) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

Regulation 8(6): amended, on 1 May 2021, by regulation 7(3) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

9 Service

(1)

This regulation applies when—

(a)

an audiologist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(d)

at the end of the trial period, the claimant chooses to receive devices; and

(e)

one of the devices requires a service that is carried out at an audiologist’s office.

(2)

The maximum cost that the Corporation is liable to pay for 1 service is $51.93.

(3)

The cost to which the claimant is entitled is payable for a maximum of 2 services per year.

Regulation 9(2): amended, on 1 May 2021, by regulation 8 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

10 Repairs

(1)

This regulation applies when—

(a)

an audiologist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

an audiologist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(d)

at the end of the trial period, the claimant chooses to receive devices; and

(e)

one of the devices requires a repair that cannot be carried out at an audiologist’s office.

(2)

The maximum cost that the Corporation is liable to pay for 1 or more repairs of the device is $207.73.

(3)

The cost to which the claimant is entitled is payable for every 2 years from the end of the warranty period on the device.

(4)

In this regulation, repair does not include the provision of, or fitting of, a replacement ear mould.

Regulation 10(2): replaced, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 10(2): amended, on 1 May 2021, by regulation 9 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

Regulation 10(3): replaced, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 10(4): inserted, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

10A Replacement ear moulds

(1)

This regulation applies when—

(a)

an audiologist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

an audiologist has fitted devices for 1 or both ears that include an ear mould.

(2)

The maximum cost that the Corporation is liable to pay—

(a)

for each replacement ear mould is $36.40; and

(b)

for the fitting of a replacement ear mould for 1 or both ears is $55.90.

(3)

The cost to which the claimant is entitled is payable from the date that is 1 year after the fitting of the device under regulation 8.

Regulation 10A: inserted, on 1 July 2014, by regulation 12 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 10A(2)(b): amended, on 1 May 2021, by regulation 10 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

11 GST excluded

All costs referred to in these regulations are exclusive of goods and services tax.

12 Consequential amendments
[Revoked]

Regulation 12: revoked, on 1 May 2021, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

Schedule Maximum cost that Corporation is liable to pay for devices for each ear with covered hearing loss

r 7(2)

Schedule: replaced, on 1 July 2014, by regulation 13 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Covered hearing loss as percentage of total hearing lossCost ($)
0.1–29.9458.00
30.0–59.9916.00
60.0–1001,527.00

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 November 2010.

Reprints notes
1 General

This is a reprint of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42)

Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153)