Government amends Disability Support Services Bill after select committee, clarifies intent and family carer protections

Disability Issues Minister Louise Upston has announced a suite of changes to the Disability Support Services Bill following the Social Services and Community Select Committee's report, acknowledging the bill's original intent "was not as clear as it should have been" (RNZ).

The government received more than 3000 submissions on the bill, which was introduced to the House on 19 May 2026 and proposes a new legislative framework for disability support services. Once enacted, it would become the Disability Support Services Act 2026 (legislation.govt.nz).

The amendments make explicit that the government will continue to support families, with no additional expectations placed on them. Under the amended bill, the government, through DSS, will continue contributing to care for disabled people (Beehive). The changes also clarify that the bill's intent is to represent the current state of disability support services, not to alter existing entitlements, funding allocations, or eligibility — a point the government stressed when the bill was first introduced in May (Beehive).

A further change requires formal consultation of disabled people through representative organisations on future support programmes. The amended language also reflects the UN Convention on the Rights of Persons with Disabilities and the Enabling Good Lives principles (RNZ).

Upston said the bill would ensure a nationally consistent assessment process, stabilise services, improve financial sustainability, and give people more choice and control over flexible funding. The government has committed NZ$2.1 billion in additional DSS funding through successive budgets. Separately, Upston said the government would soon consult on a carers' package (RNZ).

The bill's passage would not affect two claims determined by the Supreme Court in December, which found that two people paid to provide care to a family member were employees of the state. It would, however, halt other claims currently before the courts (RNZ).

DSS currently supports about 55,000 disabled people in community and residential care, around 100,000 people who access environmental support services products to live safely and independently, and funds Child Development Services for approximately 26,000 disabled children each year (RNZ).

The broader context here is one of tension between the government's stated commitment to stabilising the disability support system and the fiscal environment in which that commitment sits. Budget 2026 featured no new spending for disability services and included a NZ$1.5 million cut to the Ministry of Disabled People (The Spinoff). The NZ$2.1 billion in additional funding cited by Upston spans successive budgets rather than a single year, and the bill itself does not change existing funding allocations. For sector advocates and providers, the question is whether a new legislative framework delivers meaningful stability for disabled people and carers, or primarily codifies the status quo while outstanding legal claims work through the courts.

The family carer issue illustrates that tension sharply. The Supreme Court's December ruling found that family members paid to provide care were state employees. The bill would halt other claims currently before the courts while leaving the two determined claims intact. Upston's promise of a forthcoming carers' package suggests the government is aware the legislative fix alone will not resolve the policy gap the litigation exposed, but the package's scope and timing remain unspecified.

The 3000-plus submissions to the select committee point to a sector deeply engaged with the detail of the legislation. The amendments responding to those submissions address concerns about family obligations, consultation rights, and alignment with established disability rights frameworks. Whether the changes go far enough for the disability community will likely be tested when the bill returns to the House for its next stages.

For Parliament watchers, the trajectory is straightforward: the bill has cleared select committee, the government has accepted a set of amendments, and it will proceed through remaining stages. The political and policy stakes — nationally consistent assessment, financial sustainability, and the unresolved family carer question — will outlast the legislative process itself.