New framework for disability support services
The Act sets rules for disability support services and covers some decision-making and paid family-carer employment.
Disability Support Services Act 2026 · Starts 4 Sep 2026
What's changing
- Disability support decisions must consider a person’s choices, safety, dignity, needs, resources, and available support.
- The Minister can create published programmes setting eligibility, funding rules, service methods, and funding conditions.
- Paid family carers receiving programme payments are not employees of the disabled person.
- A carer is a Crown or contracted-provider employee only where a written agreement says they are an employee.
- The Minister can give the Ministry written directions about its functions under this Act.
Who's affected
Disabled people eligible for DSS-funded support, their families and carers, the Ministry of Social Development, and contracted providers are affected.
When
The Act passed on 3 September 2026 and came into force on 4 September 2026.
What you might need to do
- If you receive or provide DSS-funded support, check the programme rules and any written employment agreement that applies to you.
- If you are a paid family carer, check how your payments and employment relationship are described under the relevant programme.
Background
The government says the Act creates a framework to make DSS funding and decisions more consistent, fair, transparent, and sustainable. It also says the Act responds to the Supreme Court’s decision in Fleming v Attorney-General by clarifying relationships involving paid family carers and the Crown.