Possible compensation for caring for your disabled child

A recent tribunal decision has said that it is unlawful for the Ministry of Education to not pay family caregivers for looking after their disabled child.

The Human Rights Tribunal has declared that the Ministry of Education has breached the Human Rights Act.

The parents have been discriminated against because “they are not allowed to be paid for the services they provide to their child/children while anyone else providing the very same care to their child/children is able to be paid.”

The long running case was brought by the Human Rights Commission on behalf of several family members who provide care to their disabled children.  They successfully argued that they were discriminated against on the grounds of “family status” which is a prohibited ground of discrimination under the Human Rights Act.

The decision has been appealed by the Government. The current government policy will remain in place until the case has been heard on Appeal.  If the Tribunal’s decision is upheld, family caregivers may be entitled to compensation for providing care and be entitled to be paid the same as non-family caregivers.

We will advise further following the appeal decision.

Alan Knowsley
Partner
Wellington