The Disability Support Services Bill explained

Read the Disability Support Services Bill 

The purpose of the Disability Support Services Bill 

The Disability Support Services Bill aims to set the rules that guide how DSS operates under law.   

It defines what it means when a disabled person uses DSS funding to employ someone, including a paid family member, to provide care. 

This bill states that DSS carers are not employees of the government or its contracted providers. This is in response to a Supreme Court ruling that held that two parents caring for their disabled children should be considered government employees. Read a Newstalk ZB article about that case.  

The bill prevents any similar legal claims against the government.   

Read the Disability Support Services Bill 

Key points in the bill 

Responsibilities of families and whānau 

The bill states that the purpose of DSS-funded support is to contribute towards enabling disabled people to live their everyday lives.  

Where appropriate, families, whānau and other culturally recognised family groups would have responsibility in the first instance for the well-being of their members. Families would generally be expected to contribute care support where they can.  

Under the bill, decisions around people’s DSS funding should, where appropriate, consider the other resources and support available to them. This includes support from their family, community, and other publicly funded sources.  

DSS says the bill reflects the way they already work and does not establish any new obligations on families or change the level of support people receive.   

Carer employment relationships 

As mentioned earlier, the bill states that DSS carers are not employees of the government or its contracted providers. That is unless there is a written employment agreement saying so.  

If a disabled person uses DSS funding to employ a carer, the employment relationship is solely between the disabled person and the carer.  

Limiting legal challenges 

This bill prevents people who are caring for disabled family members from making legal claims that they are government employees. Because the bill makes it clear that family carers are not employed by the government, family carers cannot claim for minimum wage, holiday pay, and other benefits government employees would get.   

No immediate change to current support 

The Disability Support Services bill does not: 

• change anyone’s current supports, funding, or eligibility 

• establish new obligations on families 

• introduce asset or income testing. 

The bill will continue existing DSS funding policies and individual funding allocations for three years, until new arrangements are in place.  

Ministerial programmes 

The bill mentions something called ‘ministerial progammes’. These are detailed rules set by the Minister for Disability Issues. The bill enables the Minister to set programmes (i.e. rules) around things like: 

• who is eligible for support from DSS 

• how funding is allocated  

• payments to family carers  

• how funding can be used  

• processes for dealing with exceptional circumstances   

Status of the bill  

The bill passed its first reading in Parliament on 21 May. That means Members of Parliament (MPs) debated the bill and most of them voted in favour of it.  

The bill is now being reviewed by the Social Services and Community Select Committee. It’s also open for public submissions (i.e. feedback). The select committee is a small group of Members of Parliament that gathers information and prepares a report on the bill for Parliament, including recommending changes.   

The bill would then need to pass two more readings in Parliament before becoming law.   

Making a submission on the bill  

You can make a submission to the select committee by 1.00pm Friday 12 June.  

You can either make a written or oral submission. All submissions are posted on the Parliament website.   

Make a submission 

Learn more about the Disability Support Service bill on the DSS website