Govt will not appeal family carers ruling
Tue, 12 Jun 2012 3:45p.m.
The Government will not be appealing a court ruling allowing parents of disabled children to be paid as caregivers, Health Minister Tony Ryall announced this afternoon.
“The Government accepts the current Health Ministry policy of not paying the close family carers of adults with disabilities needs to change,” says Mr Ryall.
Today’s announcement means that a landmark decision made by the Court of Appeal last month will stand.
The Court of Appeal ruled that parents of disabled children are being unreasonably discriminated against by not being allowed to be paid as carers.
The case was taken to the Court of Appeal following an earlier hearing in the High Court in February that was told only rough estimates had been done of what it would cost the ministry to pay parents of disabled children. Estimates varied between $17 million and $593 million.
The ministry's policy of only paying for certain services if they were provided by a non-family member was found in the High Court to be in breach of the New Zealand Bill of Rights Act 1990, which prohibits discrimination on the grounds of family status.
At that point the ministry appealed, arguing the Bill of Rights allowed for "reasonable limits of rights to achieve a sufficiently important governmental objective", but the Court of Appeal ruled the policy "imposed a limit that was greater than was reasonably necessary… and was not a reasonable limitation on the right to freedom from discrimination".
Mr Ryall says future policy will have to both address the discrimination and be affordable.
“The next step in the legal process is for the Human Rights Review Tribunal to consider and determine what remedies the families who made a claim to the Human Rights Tribunal will receive,” says Mr Ryall.
Post a Comment
Before commenting, please take the time to read our moderation guide
(Won't be published)
17/06/2012 3:32:15 p.m.
You and Paula Bennet are a joke with your big words big mouth with no real action where the parents are concerns, is it to much money of a back pay, resign and stop abusng our children..
Parents roles are importants, they are the one that are suffered at all time, you don't because its not your child all you do is pointing out your finger and correct your salary with no real action..
13/06/2012 8:35:22 a.m.
its a bout time they listened some where but it always seems to be when they are found to be wrong .in stead of making the right decissions in the first place.
12/06/2012 6:42:46 p.m.
Mr. Ryall, Changing this policy is NOT going to cost $500 million.
The estimate put forward at the THREE hearings by the Office of Human Rights Proceedings are much closer to the actual cost.
Please, members of the media, you are not supposed to be the Government's propaganda machine...you are supposed to do research and give a balanced view.
This issue was about the care needs of a specific group of disabled people.
These are those who come under the auspices of the Ministry of Health- Disability Support Services. Check the MOH website to see who is eligable for these supports.
2)long term non age related disabilities
3)enrolled with a Needs Assessment and Service Coordinator (NASC)
4)assessed as requiring 'x' hours of care per week.
Most disabled in this group are receiving funding for their care.
The difference will be only WHO gets paid.
Those who have been assessed as needing care, but all their care is provided by unpaid family(of which my partner is one)are the group that is now going to attract extra funding.
There must be a very good reason why the Ministry has refused to access the NASC database to find out how many in this group.
12/06/2012 4:25:40 p.m.
The best decisions ever made by this Key government. Job well done, but hang on, didn't I see some poll results recently with the national party and John Key going down 4% in popularity, and also under pressure about ACC? The timing couldn't be any perfect to announce this sideshow story...
32 months after the first earthquake, dozens of Christchurch...
All 350 passengers on board a commuter train that derailed e...
The woman who first tried to lift the lid on paedophile Jame...
Video has emerged of a skydiving incident in Motueka last ye...
Copyright © 2013 MediaWorks TV. All Rights Reserved.