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Carers discriminated against: government to appeal ruling

A Human Rights Review Tribunal ruling that the Ministry of Health unlawfully discriminated against carers of disabled relatives is being appealed by the Solicitor General. Minister of Health Tony Ryall's announcement of the appeal coincided with his announcement of the release of a National Health Committee report - "How Should We Care for the Carers, Now and into the Future? Manaaki tangata". The report is part of the government's development of a “Carers Strategy”. The appeal is against the 8 January 2010 ruling that “the Ministry had unlawfully discriminated against carers on the basis of family status, and that family carers should be paid for the care they provide, in circumstances where the government would otherwise have to pay for that care,” says John Forman, Executive Director of the New Zealand Organisation for Rare Disorders and Chair of the New Zealand Carers Alliance. “The decision to appeal is a serious blow to the interests of carers and the disabled people they support, he says. In a media release Mr Ryall says, "The Solicitor General strongly advises me that there are very significant legal issues about the decision that need to be examined." The appeal, says Foreman, is a "betrayal of that commitment" to the tribunal ruling, which was to provide guidance for policy regarding the payment of carers. The NHC report “does not recommend payment for family carers”, says Mr Ryall, “It recommends a range of actions to provide better support for them which the Government will consider."

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