NEW ZEALAND GAZETTE, No. 131

26 SEPTEMBER 2013

10. United Nations Convention on the Rights of Persons with Disabilities 2006 in particular Articles 3 (General Principles); 4 (General Obligations); 5 (Equality and non-discrimination); and 12 (Equal recognition before the law): www.un.org/disabilities/convention/conventionfull.shtml

11. Good faith generally means to discuss with each other any matter which affects the delivery of the disability support services in an open way so that all matters are “on the table”, to be active and constructive in establishing and maintaining a good relationship, being responsive, providing information, and not doing anything that might mislead or deceive each other

12. Under the Health and Disability Services Eligibility Direction 2011; published on www.health.govt.nz

13. 18 years of age or older; assessed as eligible for Home and Community Support Services; have high or very high disability needs; and would not be able to remain at home if they could not employ a family carer; in accordance with the Ministry’s Funded Family Care Operational Policy is published on www.health.govt.nz

14. This includes provision for such matters as annual leave, sick leave, Kiwisaver, Accident Compensation contributions, and funding replacement care

15. It will address the needs by contributing to achieving appropriate disability outcomes, by facilitating access to disability support services, ensuring good pathways through those services, and by being delivered in a manner that is culturally appropriate for all people

16. The responsibilities are set-out in more detail in the Ministry’s Funded Family Care Operational Policy

17. This is evaluating the disabled person’s eligibility to ensure that the person is not a spouse, civil union partner, or de facto partner of the family member despite the reference to those family relationships in section 70B(2)(a) of the New Zealand Public Health and Disability Act 2000

18. The family carer must be physically capable, and have the necessary skills, qualifications and/or experience to provide the disability support services

19. Disclosure of legal status between parties is a requirement of law in many situations and expected best practice in others, particularly when they involve positions of trust

20. This includes payments to the estate of the disabled person, if they die while receiving funded family care, for entitlements that have accrued to the family carer – such as annual leave. Payment in these circumstances is at the discretion of the Ministry for any period up to 28 days

21. Such as “paperwork and red tape”

22. Wages (because payment is an hourly rate, can be up to 40 hours a week, and is based on the adult minimum wage)

23. This includes obligations such as those under the Employment Relations Act 2000, Health and Safety in Employment Act 1992, Holidays Act 2003, Wages Protection Act 1983, and all other laws relating to being an employer – see www.dol.govt.nz/ [Ministry of Business, Innovation and Employment]

24. For example under the Income Tax Act 2007, and Accident Compensation Act 2001

25. To avoid any delay or disruption to the provision of funded family care

26. For example if the other work was full-time, demanding, or at hours which meant that the funded family care was unlikely to be delivered in the best interests of the disabled person. Further, no family carer can provide funded family care to more than one disabled person at a time, unless specifically approved in writing by the Ministry. If that occurs, the total number of hours must not exceed 40 a week

27. Such as health issues, losing a driving license or being charged with an offence

28. For example a personal order (such as a welfare guardian), or enduring power of attorney under the Protection of Personal and Property Rights Act 1988, or any other “authority” that might impact on the relationship of the disabled person and the family member. This is to ensure that any relationship issues that the family member may have with the disabled person are “on the table” and can be managed in the best interests of the disabled person

29. The disabled person can notify the Ministry for any reason, including if the family carer is unable or unwilling to continue providing that care

30. The standard for the delivery of disability support services is: NZS 8158:2012 Home and Community Support Sector Standard

31. The assessment is to determine if the disabled person has a qualifying impairment or condition, and make a decision to proceed with funded family care, including (if necessary) through the assistance of an advocate

32. The review process will follow standard Needs Assessment and Service Coordination operational policy and the manager’s manual, and the Ministry’s Funded Family Care Operational Policy

33. Responsibility only occurs when a party becomes aware of any circumstance where payment may be stopped; notification should preferably be at least 7 days before the next payment date

34. This is called the Individual Service Plan in the Ministry’s Funded Family Care Operational Policy

35. This does not have to be a statutory declaration under the Oaths and Declarations Act 1957 (Schedule 1), but uses the term “declare” so that both parties understand and fully accept the significance of their respective responsibilities

36. The back-up arrangement must allow for certainty and for any contingency to be dealt with as quickly as possible if such events do occur. Examples of situations when a back-up arrangement may be required are illness, injury, bereavement leave, annual leave, or any other reason (agreed between the disabled person and the Ministry’s agent) for absence

37. This is an automated invoice that the Ministry creates for the regular fortnightly payment for the funded family care. The disabled person is not required to issue invoices

38. Pro-rated payments must be made if the first and last payments fall within a fortnight

39. The start date is the date included in the individual service arrangement; backdating payment is up to a maximum of 28 days

40. This will usually be by verification such as a bank deposit slip (or a bank deposit slip of the authorised representative)

41. The Ministry’s agent will arrange for a bank deposit slip to be provided to the Ministry

42. The disabled person must notify the Ministry’s agent within 14 days of being in hospital, overseas or temporarily not receiving funded family care; payments will be stopped by the Ministry if funded family care has not resumed within 28 days

43. See www.health.govt.nz/your-health/services-and-support/disability-services/contact-disability-support-services

44. The employment relationship is between the disabled person and the family carer, therefore the Ministry or the Ministry’s agent cannot become involved in any employment problems

45. A copy of the relevant NASC review process is published on: www.health.govt.nz/system/files/documents/pages/nasc.doc

46. The information must be kept in accordance with the Privacy Act 1993 and the Health Information Privacy Code 1994; the Ministry must comply with this legislation

47. This is necessary for the Ministry to meet its accountability requirements for the payment of public monies for the funded family care; and to ensure that the funded family care is effective and that payments are being made correctly

48. No notice will be given if the Ministry has reasonable grounds to consider that the health and safety interests of the disabled person may be affected, or where there may be fraud involved in receiving payments

49. This will depend on the circumstances of each individual case

50. The Ministry may continue making payment or stop payments. The Ministry may allocate payment in exceptional circumstances in terms of paragraph 5.2 of the Ministry’s Funded Family Care Operational Policy

51. Including email and text

52. Especially sections 6 and 70B(1)

53. There may be more than one family carer if the role is to be shared