NEW ZEALAND GAZETTE, No. 131

26 SEPTEMBER 2013

Review

45. The NASC must conduct a review:
    (a) when requested by the disabled person; or
    (b) if the NASC reasonably considers that a review is appropriate.

46. A review may cover:
    (a) the number of hours initially allocated, if they were less than 40 a week;
    (b) whether the funded family care is appropriate to the needs of the disabled person;
    (c) whether the funded family care is being delivered according to the individual service arrangement; and
    (d) any other matter directly related to funded family care as agreed by the parties.

47. The review must be done according to the Needs Assessment and Service Coordination operational policy and the manager’s manual.

Information and records

48. The disabled person must keep, at home, a copy of the individual service arrangement.

49. The disabled person, family carer or Ministry’s agent must provide, to the Ministry, the information in the Appendix.

50. The Ministry must ensure that it protects and keeps confidential all information held about the disabled person and family carer.

51. The Ministry must only use information about the disabled person and family carer for any matter relevant to the funded family care.

Monitoring, auditing and stopping payment

52. The Ministry must monitor and audit the delivery, safety and quality of the funded family care.

53. Monitoring and auditing may be carried out either following the Ministry’s own decision, or at the request of any other party.

54. Monitoring and auditing may:
    (a) appraise the individual service arrangement;
    (b) verify that payments are accurate, have been received, and are being used properly; and
    (c) confirm that all requirements have been complied with.

55. The disabled person, the family carer, and the person providing replacement care (if applicable) must co-operate with proposed monitoring or auditing by:
    (a) allowing access (on reasonable notice) to their home, and any other location where funded family care is being provided;
    (b) producing the individual service arrangement;
    (c) producing any other relevant documents (listed in the Appendix as appropriate); and
    (d) being available for interview.

56. The Ministry must ensure that monitoring and auditing does not unreasonably disrupt the provision of the funded family care.

57. The Ministry must allow a reasonable opportunity for the disabled person, family carer and person providing replacement care (if applicable) to comment on any draft monitoring and auditing reports, and take account of those comments in the final report.

Emergency and exceptional circumstances

58. This Notice does not apply to the delivery of funded family care in any circumstances which are an emergency or are exceptional.

59. Where those circumstances do occur, all parties may take any action that they consider is reasonable in the circumstances and which is in the best interests of the disabled person.

Construction (aids to reading this Notice)

60. Parts of this Notice are called:
    (a) Clauses (eg 1, 3, and 8);
    (b) Paragraphs (eg (a), (b), and (c)); and
    (c) Subparagraphs (eg (i); (ii); and (iii)).

61. References to funded family care have been kept to a minimum; if the term is not used, it is implied where appropriate.

62. References to funded family care mean disability support services under this Notice (for example, the phrases "provided to the disabled person" or "provided by the family carer" have not been expressly used, and are implied).

63. References to rights, responsibilities and requirements relate to those required by this Notice (for example, the phrases "of this Notice", "under this Notice" or "in accordance with this Notice" have not been expressly used in most places, and are implied).

64. There are no cross references to other clauses, it is intended that the Notice be read as a whole.

65. Requests to the Ministry can be made:
    (a) by the disabled person at any time, and verbally;
    (b) by the authorised representative; or
    (c) by the Ministry’s agent.

66. Notification between the disabled person and the Ministry should preferably be in writing and to:
    (a) the Ministry’s contact point on the individual service arrangement; or
    (b) the Ministry’s agent on the individual service arrangement.