Parents win disabled care case

The Human Rights Review Tribunal has found in favour of parents who care for severely disabled adult children. Photo / Doug Sherring

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."


- NZPA