New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Funding of disability support services

Legal area

Court

7 Feb 2018

CHAMBERLAIN V MINISTER OF HEALTH [2018] NZCA 8

Citation

[2018] 2 NZLR 771
Court

Court of Appeal

The Court held the family care Policy as adopted under Part 4A incorporates HCSS specifications and must be interpreted purposively; intermittent personal care and night support necessary to maintain a disabled person's functional ability in the home can be funded when performed by a family carer; NASC/Minister's narrow exclusion of supervision and intermittent care was an error of law; the funding decision (17 hours) was set aside and the Minister directed to reassess allowing for intermittent personal care at any hour.
7 Aug 2017

CHAMBERLAIN v MINISTRY OF HEALTH [2017] NZHC 1821

Citation

[2017] NZAR 1271
Court

High Court

The Court held the Ministry's funding decisions were lawful and within the FFC Policy: 'personal care' and 'household management' as used in the HCSS and FFC policies refer to discrete task-based services (eg showering, dressing, meal preparation, cleaning) measured in hours and do not encompass general supervision or 24/7 oversight; the decisions were not unreasonable, the FFC policy is authorised by pt 4A of the Act and not inconsistent with s3 or human rights provisions on the facts, and no enforceable substantive legitimate expectation to 40 hours arose.