Questions and answers about the Disability Support Services Act 2026 (DSS Act)
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What is the purpose of the DSS Act?
The Government’s key priority for the Act is that disabled people and their families should be able to understand how the disability support service system works and have confidence in how decisions are made.
The Act provides a legal framework for Disability Support Services:
- It puts into law the purpose of DSS-funding and the principles for decisions, such as consideration of the safety, dignity, choice and preferences of disabled people. This provides a solid foundation for the DSS system going forward.
- The Act creates a transparent process for future changes to disability supports and services through a legislative requirement to consult on support programmes and consider outcomes for disabled people.
- It introduces certainty regarding employment relationships within the DSS system.
What do disabled people, families and whānau who receive DSS funded services and supports need to know?
The DSS Act 2026 reflects the way that DSS already works.
People will continue to access support as they currently do.
There are no changes to:
- current supports for disabled people, whānau and carers
- current funding allocations
- who can get disability support services.
Current care and employment arrangements remain in place. This includes where families are being paid for the care they provide.
The Act does not introduce income or asset testing where it is not currently used, and there are no plans to expand its use.
The Act provides a more transparent and consistent framework for future policies and funding.
What does the Act change for families and whānau of disabled people?
The Act reflects the way that DSS already works. The Act isn’t intended to put new obligations on families. It doesn’t create additional expectations that families or carers will provide more support.
We recognise that family, whānau and carers often play a critically important role in the support of disabled people.
The Act does not mean a disabled person has to use every other type of support before they can get help from DSS.
Following the Select Committee’s report back changes were made to the legislation to make it clearer that there are no new obligations on families.
This includes removing any reference to families having responsibility in the first instance for the wellbeing of their family members.
The Act reflects that families contribute to the care and wellbeing of their family members where appropriate.
Is DSS doing anything else to recognise carers?
We already take into account the support a disabled person has around them and we understand the impact on carers.
The new assessment and allocation process looks at both the needs of the disabled person and the impact on the carers who support them.
More here: Changes to Disability support services - Information for carers
We are also developing a package of financial and other support, giving more certainty and consistency for family carers. The carer support package will look at better ways to support family carers than formal employment arrangements.
More here: Improving support for family carers
The community consultation focuses on some key service areas, including improving respite options for carers to take a break.
What we hear about respite will help inform the development of the carer support package.
What will the support programmes achieve?
The establishment of support programmes as secondary legislation will make how we work more transparent by introducing more checks and balances, and giving people more visibility of upcoming changes.
This will make it easier for disabled people to understand what support is available and how decisions are made.
The programmes provide flexibility to tailor support for specific groups, address technical matters, respond quickly to emerging issues, and trial new approaches.
Information on support programmes must be made publicly available before they can take effect. If Parliament doesn’t agree with parts of a programme, it can step in.
Support programmes are referred to as Ministerial programmes in the legislation.
Will disabled peoples lived experiences inform support programmes?
Following the Select Committee Report Back, changes were made to the legislation to ensure disabled people have a stronger voice in future decisions.
As a result, the Act explicitly requires formal consultation through disabled people’s representative organisations before future support programmes are established or changed.
Does the Act pave the way to introduce means testing?
The Act does not introduce income or asset testing where it is not currently used, and there are no plans to expand its use.
Income and asset testing have long been used for some DSS supports, such as home modifications and equipment. It is not used in relation to personal care or carer support.
The Act is intended to formalise and make the existing system more transparent. This is why it continues to allow for income and asset testing to be part of our policies.
Does the Act recognise the Enabling Good Lives principles or vision?
The Act includes principles which require people making decisions about anyone’s disability support services to consider the choice and preferences of the eligible person, their safety and dignity, and their immediate and long-term needs and circumstances.
The changes to the principles reflect the Enabling Good Lives (EGL), including:
- supporting self-determination by taking into account the person’s choices and preferences
- focusing on an everyday life to support ordinary life outcomes
- ensuring rights based support by having regard to the person’s unique needs and circumstances
- reflecting mana enhancing principles by taking into account a person’s dignity and their inherent ability to make decisions about their supports.
Because these principles are embedded in the Act itself, decision-makers will not need to interpret and apply other external frameworks.
The Minister must explicitly consider these principles when establishing or amending support programmes.
Does the Act reflect human rights concepts?
The Act is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990. It does not change any obligations that already exist under the New Zealand's human rights framework.
The Act also reflects important United Nations Convention on the Rights of Persons with Disabilities concepts, including:
- Participation and involvement in decision-making as reflected in the obligation to consult before putting in place or changing support programmes
- Individual choice and preferences, and the safety and dignity of disabled people as outlined in the principles guiding the Act in clause 8 independent living and community participation.
Existing complaint and review pathways continue to be available, including complaints to the Health and Disability Commissioner where applicable.