The New Zealand Herald

A brief history of family care

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2000:

● Discrimina­tion complaint lodged with the Human Rights Commission about the Government’s refusal to pay family carers.

2005:

● The complaint is unable to be resolved and is lodged with the Human Rights Review Tribunal.

2010:

● The Atkinson claim is upheld by the Human Rights Review Tribunal, finding that excluding payments to carers of disabled family members was discrimina­tory and in breach of human rights.

2010:

● An appeal by the Ministry of Health is dismissed by the High Court.

2012:

● An appeal by the Ministry of Health is dismissed by the Court of Appeal.

2012:

● The Government announces it will not appeal the Atkinson case to the Supreme Court. It instead plans policy to address the issue.

2013:

● Part 4A of the NZ Public Health and Disability Act 2000 is rushed through on Budget night under urgency. It underpins a limited Funded Family Care policy, and outlaws any further court cases.

2016:

● Margaret Spencer, the mother of an adult disabled man, is awarded $200,000 compensati­on by the High Court for discrimina­tion, for the years the Ministry of Health refused to pay her for her work.

2017:

● The Human Rights Commission complaints of seven families are bundled together as the King case, and put forward as a compensati­on case to the High Court.

2018:

● Shane Chamberlai­n and his mum Diane Moody win their case, which argued the Ministry of Health had wrongly assessed the number of hours Diane should be paid for looking after Shane.

2018:

● King plaintiffs speak out about their case, and call for Part 4A to be repealed.

2018:

● Government announces its intention to repeal Part 4A and make a new Funded Family Care policy.

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