Thursday, 11 March 2010
Parents win disabled care case E-mail
Articles - Your Rights
Friday, 08 January 2010 18:25

Parents who care for severely disabled adult children should be eligible to receive payments from the Government, the Human Rights Review Tribunal has ruled.

Currently the Ministry of Health pays for carers to look after severely disabled people, but not if they are a family member.

A group of nine parents who look after their children in that situation have been fighting the ministry in a long-running battle to see that change.

The tribunal released its decision today and chief human rights commissioner Rosslyn Noonan called on the Government to start paying the parents immediately.

The ministry had 30 days to decide whether it would appeal.

"This is a resounding decision for the parents and their disabled adult children," Ms Noonan said.

"Any appeal would constitute a further unconscionable delay in ensuring these long suffering families can finally receive justice."

The tribunal found the ministry had discriminated against the parents because "they are not allowed to be paid for the services they provide to their child (or children) while anyone else providing the very same care to their child (or children) is able to be paid".

It did not accept the support parents gave to the "heavily dependent" people could be considered "natural" support.

The financial impact of paying the family members was "not likely" to be great within the disability sector, the tribunal found.

The policy also acted against the objectives of the Government's disability strategy, it said.

"The Commission welcomes this landmark decision because it shows the value of human rights law and recognises the hardship and discrimination these parents have faced for, in some cases, many decades," Ms Noonan said.

The previous government had "regrettably" accepted poor advice about the issue, she said.

Ms Noonan planned to meet with Minister of Health Tony Ryall and Minister for Disability Issues Tariana Turia as soon as possible.

"This is an opportunity for the Government to allow this group of parents, and those in a similar situation, support and dignity for what is for many of them round the clock care for their disabled adult children."

Herald

Comments (2)add comment

maim said:

...
Being a mum of a severely disabled 4 year old girl, I have to wonder why only adult children are involved in this decision. There is certainly more involved daily with my daughter than the "normal", or as stated in this article "natural" support expected of parents usually.

Funnily enough, ACC are using this very thing - "normal parental responsibility" that is expected until your child is 14 years old - to cut attendant care hours (and therefore, in many cases, household income) for families like mine by up to a whopping 50%.

Oh well, so long as we're Working Together towards An Ordinary Life eh?
January 10, 2010

Pete said:

...
http://nz.news.yahoo.com/a/-/t...aregivers/

But Mr Ryall indicated the Government would fight the decision.
"This decision has implications far beyond the disability sector and will almost certainly be appealed," he said.

Ms Noonan said any appeal would "constitute a further unconscionable delay in ensuring these long suffering families can finally receive justice".
The tribunal found the ministry had discriminated against the parents because "they are not allowed to be paid for the services they provide to their child (or children) while anyone else providing the very same care to their child (or children) is able to be paid".

It did not accept the support parents gave to the "heavily dependent" people could be considered "natural" support.
The financial impact of paying the family members was "not likely" to be great within the disability sector, the tribunal found.

The policy also acted against the objectives of the Government's disability strategy, it said.
"The Commission welcomes this landmark decision because it shows the value of human rights law and recognises the hardship and discrimination these parents have faced for, in some cases, many decades," Ms Noonan said.

The previous government had "regrettably" accepted poor advice about the issue, she said.
Ms Noonan planned to meet with Minister of Health Tony Ryall and Minister for Disability Issues Tariana Turia as soon as possible.

"This is an opportunity for the Government to allow this group of parents, and those in a similar situation, support and dignity for what is for many of them round the clock care for their disabled adult children."

Not only have ACc ignored its responsibility toward us having repeatedly qualified expertly assessed me repeatedly as needing constant supervisions but they have also discriminated almost violently against those assessed injuries in order to avoid paying attendant care a situation in which ACC has buried itself more and more in the mire while we have steadfastly avoided confrontation with them on the basis of such being a no win situation and rather than let ACc rule our lives we have chosen to preserve what freedoms we have left by not fighting tooth and nail for well and truly assessed and reported needs and entitlements.

From experience having ACc require assessments which end up showing you as having needs and entitlements is a very dangerous situation to find yourself in ACC will move hell and high water to block you from receiving entitlements, rehabilitation assistance and anything more than basic miscalculated erc and will even totally remanufacture you claim details, identity and become very very aggressive toward anybody who they cannot fit into their future intentions boxes.

Unfortunately most New Zealanders are blissfully unaware and do not seemingly want to know how ACC operates and just how free of accountability and censure ACC Staff are.

Seemingly as with Tigers, if you are of more value dead than alive then death is an acceptable management tool for ACC to use.


January 08, 2010

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