Enquiries and Complaints Guide
Caring for disabled adult children
What does the ‘Parents as caregivers’ case mean for people looking after their disabled adult children?
There has been a court decision about this question but the situation is still uncertain as it is being appealed. The Commission has received a number of complaints on the issue. These have been put on hold until after the appeal.
To discuss your own situation or get further information about the present system see the Ministry of Social Development’s recent publication A Guide for Carers. It provides information on where informal carers can get support and funding.
This guide provides information on the type of funding available for informal carers, the services covered and where to obtain funding for disability support services for long term conditions. It also describes the role of the Needs Assessment and Service Coordination (NASC) agencies and what should be taken into account when an assessment is carried out.
You need an assessment by a NASC organisation to access most health and disability support services funded by the Ministry of Health or a District Health Board. You can find a list of NASCs for younger people (that is, people under 65) at the Ministry of Health’s website www.moh.govt.nz/disability or you can phone the Ministry’s disability number 0800 DSD MOH (0800 373 664). For older people (that is, people over 65 or aged between 50-64) who have similar needs – see www.moh.govt.nz/olderpeople or call your local District Health Board or local hospital and ask to talk to the NASC team for older people.
If you need further information or support you can contact Carers New Zealand which is a national charitable trust and the secretariat for the New Zealand Carers Alliance. More information on the trust is available at www.carers.net.nz or you can call 0800 777 797.
Background
Ministry of Health v Atkinson & Ors
In 2010, the Human Rights Review Tribunal found that nine people were discriminated against by reason of their family status because they were ineligible to be paid to care for their severely disabled adult children at home. Payment could, however, be made to carers who were non-family members, not living in the home. Seven of the plaintiffs were the parents of adult disabled children. The other two were adult children who wished to live with a parent and have that parent provide them with the necessary support services. WhiIe the decision only applies to adult children, the policy also relates to disability support services provided to spouses and other resident family members. The only groups that are specifically excluded are those in receipt of ACC and people over 65.
The Ministry of Health appealed the decision arguing that the policy did not amount to family status discrimination and that even if it was discriminatory, it could be justified because family members were expected to provide the care as “natural support” and part of a social contract. The High Court upheld the Tribunal’s decision. However, the Ministry of Health has once again appealed the High Court decision. This means that there will be no immediate change in practice.