Tony Ryall

Wellington, Jan 22 NZPA - The Government has appealed a decision by the Human Rights Review Tribunal which this month said parents who care for severely disabled adult children should be eligible to receive payment for their efforts.

The long running battle for payment was fought by a group of nine such parents who felt it was unfair the Ministry of Health should pay carers only if they were not related to the patient.

Health Minister Tony Ryall responded to the decision, released on January 8, saying it would "almost certainly" be appealed as "this decision has implications far beyond the disability sector".

Solicitor-General David Collins QC today confirmed an appeal had been lodged, saying it was "in the public interest given the legal issues involved and the significant implications of the decision, including its likely fiscal impact and its flow on effect to other policy settings".

The tribunal found the ministry had discriminated against the parents because "they are not allowed to be paid for the services they provide to their child (or children) while anyone else providing the very same care to their child (or children) is able to be paid".

It did not accept the support given by parents to their "heavily dependent" children could be considered "natural" support.

Mr Ryall said he was told today about the appeal.

"The solicitor-general strongly advises me that there are very significant legal issues about the decision that need to be examined," he said.

Mr Ryall said he respected how challenging it was to care for a disabled relative.

"Supporting family carers is an important issue for New Zealanders. However, it's a complex matter balancing the interests of an individual's autonomy, family responsibility and government contribution."

Meanwhile, the Government was considering ways to better support parents who cared for severely disabled adult children.

Mr Ryall released a National Health Committee report, How Should We Care for the Carers, Now and into the Future? Manaaki tangata.

"While the NHC report does not recommend payment for family carers, it recommends a range of actions to provide better support for them which the Government will consider," Mr Ryall said.

"Late last year the Government also began looking at options to expand the individualised funding scheme and to provide better support for family carers."