Tribunal rules family caregivers deserve compensation

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Sat, 09 Jan 2010 5:21p.m.

Ms Burnett and her son, Stuart

Ms Burnett and her son, Stuart

By Laura Turner

Parents of disabled adults are pleading with the Government not to appeal a ruling that it should pay them the same allowance it does to ordinary caregivers.

Up until now, the parents have been expected to do it for free, but despite the new ruling, the Government looks set to drag the case back through court.

Twenty-four-hour care every day, for 43 years - this is reality for Jean Burnett and her severely disabled son Stuart. She could have put Stuart into Government-assisted care, but says that option would have prevented him flourishing.

"He would not have got the education he received, he would not have gone on to Takapuna Grammar, achieved the results he did that enabled him to go on to Unitech," says Ms Burnett.

But being her son's full-time carer means Ms Burnett could never receive a carer's allowance, because of Government policy blocking relatives from such payments. That was until a Human Rights Review Tribunal decision, ruling the policy was discriminatory and ordering a change.

"The tribunal has said there is discrimination," says Rosslyn Noonan. "It's unlawful, it can't be justified and it should be ended now."

Despite the decision, the Government won't budge.

Health Minister Tony Ryall is on holiday at the moment, but released a short statement saying the decision has serious implications way beyond the disability sector. He wouldn't be drawn on what those implications are, but says the Government will almost certainly lodge an appeal.

Ms Noonan is now seeking urgent meetings with the health and Disability Issues Ministers.

"We have a Human Rights Act in New Zealand, a Bill Of Rights Act that says you cannot discriminate on the basis of family status, and those laws are meaningless if the Government can choose when it's going to obey them," she says.

Ms Burnett says she just wants the Government to see the real faces behind the dollar signs.
"Go and speak to people like Stuart, find out what their dreams are," she says.

Ms Burnett's dream is to stop having to beg for what she says she's entitled to.

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Comments

19 Jan 2010 08:15p.m.

Sharee wrote:

The Government who controls all the ACC and WINZ need to think. The tax payer pays their wages, paying tax on my ACC so that actually makes me one of their bosses.Do those people who work for these big corperations, have they ever lived with such a life changing disablity? The only one they must get is sweat rash from the big comfortable leather chair. Why don't they try living in the REAL world?

11 Jan 2010 09:14a.m.

Why they wont give on this wrote:

If you go to the equity for illness site katrina you will see why you dont get to have that say.

How is it fair that a carer of a sick person gets minimum wage and yet a sick person with several ongoing medical costs gets half of minimum wage?.

This is what this story is about afterall, fairness without descrimination.

We are afterall talking about the chronically ill and their care givers.
Saying that these people can not survive on less than minimum wage but a beneficiary is supposed to survive on half of that is slightly hypocriticial.

These parents arent just fighting for their right to survive, but are actually fighting for equity from the system for both themselves and those that they care about.

11 Jan 2010 12:07a.m.

katrina wrote:

I would rather my tax dollar went to these people than to some of the other beneficiaries that have been in the news lately. They are basically working without pay. They should at least be earning minimum wage as it is not like they can go out and earn a living if they are full-time carers. Don't I get a say where my money goes?

10 Jan 2010 06:00p.m.

Why they wont give on this. wrote:

Whilst care givers have never really been recognised the government wont change its stance because descrimination is rife throughout the whole system and if they have to abolish it from one sector then they have to abolish it from all.

National wont give caregivers recognition because then they would have to remove other forms of descrimination like marital status testing on benefits which has been illegal under the human rights act for many years but legally sanctioned by law.

Greater ramifications as stated by tony ryall means that if the government gives on this issue it would cause flow on effects into other areas where government doesnt want it to.

Government unfortunately wont just lie down on this issue, its sad that people dont get recognised for their contribution but the government will fight to the death on this as giving in here will mean they will be forced to give in on other issues where they use illegal forms of descrimination to make people suffer in order to save money.

They would rather spend hundreds of millions of dollars fighting this issue than giving in to it, its a sad reality but one that has been in place for many years.

10 Jan 2010 04:00p.m.

Pauline wrote:

I am an Aussie and I cannot believe that relatives who care get nothing. We have A carer's pension and or a carer's allowance that are available to all carers.So keep on fighting for justice.

10 Jan 2010 10:40a.m.

Davena Shields wrote:

I too am a fulltime carer/Mum to a wonderful little boy aged 14 with severe cerebral palsy, and would love to get some recognition from the so called powers that be. You go for it Jean and we will support you 100% in this quest..well done.

10 Jan 2010 09:41a.m.

Alien wrote:

While those who care for their family should receive payment, it again should not come out of ACC, it is not an accident. It should come out of WINZ

10 Jan 2010 07:59a.m.

Touched wrote:

That woman is simply amazing. Look at what she has done for her son! Come on Government, time to recognise this issue, and give this family the help they absolutely deserve.

10 Jan 2010 02:04a.m.

Brett Kane wrote:

This is exactly the sort of issue www.equity-for-illness.org.nz is campaigning/lobbying on. A petition is currently running. People are hurting right here in NZ.

An entire cross section of NZ’s society is discriminated against by our own Govt (our representatives); Govt sanctioned discrimination. Govt has, in essence, written itself out of the Bill of Rights in an effort to allow Govt sanctioned discrimination to exist. The Bill of Rights was meant to protect NZ’ers from this sort of discrimination, not encourage it.

Are we so blind to the suffering of our own people? How would we wish to be treated? What sort of society are we? What sort of society do we wish to become?

09 Jan 2010 07:13p.m.

rosemary wrote:

congratulations Jean and Stuart. Shame on you Misery of Health for dragging these people through the system.....do the decent thing and accept the decision and pay up. Those with profound physical disabilities have been waiting for 36 years for some parity with those on A.C.C.. To finally hear that non- A.C.C. disabled have rights as well gives us in similar situations some hope.....this is only the start. Sleep well Jean....you have earned it.