26 SEPTEMBER 2013 NEW ZEALAND GAZETTE, No. 131 3671

Principles

12. For the Notice to work effectively in a family care setting, the parties acknowledge that:

(a) the disabled person has the right to accept and manage their responsibilities;

(b) choices in how disabled people live their lives at home are respected;

(c) the unique dynamics of the home and family/whānau/aiga setting are respected;

(d) the contribution of family carers, with the assistance of other members of the family, is valued; and

(e) a partnering relationship among the parties will better ensure that the interests of the disabled person are promoted.

13. The parties also acknowledge that they must:

(a) act in the best interests of the disabled person;

(b) respect the individual autonomy and choice of the disabled person;

(c) respect the personal privacy of the disabled person;

(d) treat each other with respect, dignity, trust, confidence and in good faith;

(e) co-operate with the reasonable requirements of any other party;

(f) ensure that communication is open and effective;

(g) ensure that the funding is only used for family care;

(h) recognise the unique dynamics of the home and family/whānau/aiga setting;

(i) comply with monitoring and auditing;

(j) comply with this Notice; and

(k) apply these principles at all times, especially when resolving any problems.

Disability support services

Eligibility criteria

14. A disabled person may receive payments for funded family care if they meet the following requirements:

(a) are eligible to receive disability support services under the Act; and

(b) are eligible for funded family care.

Rate and hours of funding

15. The hourly rate for funded family care is based on the adult minimum wage and other employer obligations.

16. The maximum allocation of funded family care is 40 hours a week for the disabled person.

Expected benefit

17. The Ministry expects that the funded family care will enable the disabled person to be cared for in their home and take part in family and community life.

18. The funded family care must also respect the specific and cultural needs of Māori, Pacifica and other ethnic groups.

Responsibilities of the Ministry

19. The Ministry is responsible for:

(a) confirming that the family relationship between the disabled person and the family carer is one that is permitted by the funded family care operational policy;

(b) approving the family carer;

(c) ensuring that any special legal status between the disabled person and the family carer, to make personal care and welfare or property decisions for the disabled person, does not affect the provision of the funded family care;

(d) making timely payments;

(e) minimising, so far as practicable, compliance for the disabled person;

(f) assisting the disabled person if they want to change or stop the funded family care;

(g) arranging for assessment, evaluation, monitoring and auditing;

(h) stopping payments where the Ministry is notified and reasonably believes that requirements of the disability support services are not being met; and

(i) stopping payments if requested to do so by the disabled person.

Responsibilities of the disabled person

20. The disabled person is responsible for:

Managing the services

(a) agreeing with the family carer their individual service arrangement;

(b) ensuring that the family carer provides the funded family care;

(c) ensuring that all payments are paid to the family carer and made only to the family carer;

(d) ensuring that payments are made for replacement care when the family carer is unable to provide funded family care;

(e) notifying the Ministry of any problems that affect delivery, safety or quality;

(f) notifying the Ministry (urgently) if the disability support services become unsafe or are harmful to them;

(g) notifying the Ministry of any change in the disabled person’s circumstances that makes them not eligible for funded family care.

Complying with employment requirements

(h) employing the family carer;

(i) paying the family carer;

(j) complying with all laws as an employer;