Disability Support Services is considering the Supreme Court decision released relating to the employment status of two parents who care for adult disabled family members in their family homes.
We know this ruling is of great interest to carers, disabled people and whānau.
We note that the immediate impact of the decision is in relation to the two families that took the case. We now need to take the time to carefully work through the decision to understand how it may impact on other family carers.
We would like to reassure disabled people, their family, whānau and carers that existing arrangements and processes will continue while this consideration takes place.
FAQs
Can my allocation be changed/increased?
At this stage, there are no changes to current policy settings.
Allocations and individual packages continue to be determined under existing policy.
We note that the immediate impact of the decision is in relation to the two families that took the case. We now need to take the time to carefully work through the decision to understand how it may impact on other family carers.
If any changes are required, further guidance will be issued.
Am I still an agent? Can I still be making a payment on behalf of the disabled person I support?
The Supreme Court’s decision referenced some matters related to nominated agents, and DSS will work through these as part of a broader consideration of the ruling.
While this work takes place, agents should continue operating under current policy and processes, including making payments as they normally would.
Who will be affected by the Supreme Court’s decision?
We know this ruling is of great interest to carers, disabled people and whānau.
We note that the immediate impact of the decision is in relation to the two families that took the case. We now need to take the time to carefully work through the decision to understand how it may impact on other family carers.
Existing arrangements and processes will continue while this consideration takes place.
When will DSS consider and implement any changes? How long will this take?
DSS is taking the time it reasonably needs to understand the ruling, seek advice, and respond.