The Court of Appeal’s just-released decision that family carers of disabled people are not employees of Whaikaha, the Ministry of Disabled People, shows policy in this area must be fixed, says New Zealand Disability Support Network CEO Peter Reynolds.
“While it’s positive to finally have a Court of Appeal decision on this issue, it’s not a good outcome if disabled people and their carers are left in a legal fiction that the disabled person is their family members’ employer. This uncertainty will continue to cause stress about access to support.
“Deeming a disabled person to be their family carer’s employer simply won’t work in every case. Whaikaha holds the purse strings and determines how much money is allocated, with ‘host’ organisations performing the administration of paying wages, looking after tax and managing entitlements like holiday pay. Many people have disabilities that mean they can’t fulfil the role of employer in a meaningful sense.”
“The Government needs to look seriously at this issue and find a way to fairly compensate family carers without pretending that they’re employees. Ministers and agencies, including Whaikaha and MSD, need to put their heads together, consult with the sector and come up with a solution for family carers that’s simple, that’s accessible and that works.
“Uncertainty for family carers is just another problem that the sector doesn’t need, as we face chronic underfunding and wait for the Government to come to the party on the care and support workers’ pay equity claim,” says Reynolds.
Peter Reynolds,
NZDSN