16 April 2015

Accident Compensation: Rameka v. ACC

Having a close friend living under the same roof providing around the clock care to a paraplegic does not make that friend a “household family member” disqualified from enhanced accident compensation care payments.
ACC legislation imposes a moral obligation on family members to support and to care for accident victims.  ACC pays extra when care is provided by other than household family members. 
A Porirua paraplegic injured in a 2004 motor accident challenged an ACC ruling that her live-in friend was a household family member not entitled to a sleepover allowance as part of ongoing ACC compensation.  Evidence was given of the very close bond between the two.  She had previously cared for his mother.  Now she is a T7-T8 paraplegic and he cares for her round the clock in her own home.  He pays board.  Between them they share the cost of food.  His duties as a fulltime carer are formalised through his employment by McIsaac Caregiving Agency Ltd.
ACC said the carer must be considered a “household family member”: The two have a close personal relationship of long duration which extends to sleeping in the same bed.  They described themselves as soul mates “with a bond very few people can break”.  Both deny any sexual relationship exists.
In the absence of any definition in the Accident Compensation Act of who might be a “household family member”, the High Court was asked to look at parallel definitions in legislation governing areas as diverse as social welfare and diplomatic immunity.  Justice Brown ruled that “household family members” for accident compensation must have a familial connection and that does not extend beyond carers who are related by blood, marriage (including civil unions and de facto relationships) or adoption.  It is not enough to just live under the same roof; there must be a family connection.
Living arrangements in this case are such that the two are plainly members of the same household, but the carer is not a “household family member”, His Honour said.
Rameka v. ACC – High Court (16.4.15)
15.029