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It prohibits payments being made to family members except in accordance with Funded Family Care policies to be developed by the Ministry of Health.The Funded Family Care Policy that has since been developed permits payments to some family members (but not spouses or partners) in some narrow circumstances.
The case challenged a Ministry of Health policy that excluded family members from payment for the provision of disability care services to their disabled adult family members.
The Ministry of Health has undertaken to change its policy to reflect the court’s decision.
To discuss a particular 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.
The legislation also prevents any future claims being taken to the Human Rights Commission, the Human Rights Review Tribunal or the courts alleging that the new policy is discriminatory.
This legislation has been a source of significant concern to the Commission and many other groups.
The way in which it was passed into law, and the way in which it prevents access to usual legal remedies for certain types of discrimination is unacceptable.
The Disabled People Assembly has submitted a petition to the Health Select Committee seeking the repeal of the New Zealand Public Health and Disability Amendment Act (No2).
Discrimination on the basis of family status is prohibited under the New Zealand Human Rights Act.
In 2013 the Government passed legislation in response to the court decisions.
This legislation was passed under urgency without the usual opportunities for public input.