Name

1. This is the Funded Family Care Amendment Notice 2020.

Authority

2. This notice is a legal document issued by the Minister of Health, for the Crown.
3. This notice is issued under section 88 of the New Zealand Public Health and Disability Act 2000.

Effective date and application

4. This notice amends The Funded Family Care Notice 2013 (as published in the New Zealand Gazette, 26 September 2013, No. 131, page 3670), and is effective from 14 January 2020.
5. Subject to the terms of this amendment notice, all other terms in The Funded Family Care Notice 2013 (“the 2013 notice”) remain in effect.

Amendments to the 2013 Notice

6. Clause 7 is deleted and replaced with “These terms and conditions can only be amended by the Minister of Health; and at any time provided 4 weeks’ notice of any amendment, replacement or revocation is given.4”
7. Clause 10(d) is deleted and replaced with “paid at the minimum starting rate for workers with less than three years of service as set out in Schedule 2 of the Care and Support Workers (Pay Equity) Settlement Act 2017.7”
8. Clause 15 is deleted and replaced with “The hourly rate for funded family-care is based on the minimum pay rate as referred to in clause 10(d) and other employer obligations.14”
9. Endnote 4 is deleted and replaced with “A lesser notice period to amend, revoke or replace a notice made under section 88 of the New Zealand Public Health and Disability Act 2000 is permitted pursuant to section 88(2) of that Act.”
10. Endnote 7 is deleted and replaced with “removed”
11. Endnote 22 is amended and replaced with “Wages (because payment is an hourly rate, can be up to 40 hours a week, and is based on the pay rate as referred to in clause 10(d))”

Background

1. This section titled background is provided as an explanatory note for information purposes only and shall not form part of this notice or the 2013 notice.
2. This notice provides an initial assessment and scope of amendments to the 2013 notice required to update the policy for 2020 to implement agreed Funded Family Care policy changes. It is proposed that the 2013 notice be phased out by April 2022 and replaced by service provider employment and personal budgets such as Individualised Funding. Further information about the upcoming policy changes to Funded Family Care, including future employment arrangements, is available on the Ministry of Health website (https://www.health.govt.nz/your-health/services-and-support).
3. This notice is only proposed to raise the rate of pay for existing funded family carers to the minimum Care and Support Workers (Pay Equity) Settlement Act 2017 rate of $20.50 per hour, increasing to $21.50 per hour in July 2021 to allow for any disabled person under the current 2013 notice prior to implementing further policy changes in 2020.
4. The pay rate under this notice is intended to allow funded family carers to progress on the scale set under Schedule 2 of the Care and Support Workers (Pay Equity) Settlement Act 2017 by transitioning to other employment mechanisms. The 2013 notice does not include the funding or mechanisms to assess and implement higher rates according to previous service and qualifications. This is available through Home and Community Support Services policies under service providers, and personal budget policies.
5. The 2013 notice is not proposed to change eligibility or implement other policy changes; these are proposed to be progressed through future employment options (service providers and personal budgets). Detailed Operational Policies, sector guidelines, and public communication material will be available in 2020 prior to implementation of policy change.

Issued at Wellington this 13th day of January 2020.

Hon Dr DAVID CLARK, Minister of Health.