Government accused of illegal child discrimination

3.00pm

About 300,000 of New Zealand's poorest children are missing out on financial support because of discriminatory government policies, the Child Poverty Action Group (Cpag) says.

Cpag spokesperson Susan St John, an economics lecturer at the University of Auckland, said the Child Tax Credit of $15 a week per child (part of the Family Assistance Package) should be available to all low-income families.

Currently, only those who are "independent" of the state are eligible.

This excludes caregivers receiving NZ Super, a student allowance, ACC (for longer than three months), domestic purposes benefit or a widow's or unemployment benefit.

"This is punishing children for the source of their parents' income, which is illegal under the Human Rights Act and breaches New Zealand's obligations under the United Nations Convention on the Rights of the Child," Ms St John said in a statement today.

Cpag is now taking its case to the Human Rights Commission for mediation.

"Families with three children are missing out on $45 per week -- that's a huge amount of money if you're on a low income. This policy contributes directly to New Zealand's appalling child poverty statistics," she said.

Cpag first complained to the Human Rights Commission about discrimination under the Human Rights Act in October 2002.

Crown Law -- on behalf of Inland Revenue -- argued that excluding beneficiaries was not discriminatory as they already received more money from the Government than working families.

However, Ms St John said one could not equate benefits for adults with a tax credit which was meant to help ensure the welfare of children.

After meeting Human Rights Commissioner Rosslyn Noonan and the Commissioner for Children Cindy Kiro, Cpag has decided to invite the Government to mediation.

Invitations to the Commissioner of the IRD, David Butler, the Secretary to the Treasury John Whitehead, and deputy secretary for social policy, Peter Mersi, and Ministry of Social Development chief executive Peter Hughes, have been sent by the Human Rights Commission via Crown Law.

Public Health Association director Gay Keating supported Cpag's call, saying it was "appalling" that children of sickness beneficiaries were being penalised.

"It is clear government wants to reward low income working families but the end result is that many children of beneficiaries are being deprived of an adequate diet, access to sporting activities, heating in winter and warm clothing," she said in a statement.

"The extra $15 each week would pay for fresh fruit and vegetables for the children in that family or allow the household to pay for heating in winter or for the children to take part in sport."

A spokesman for Social Development Minister Steve Maharey said he had been unable to confirm mediation proceedings were going ahead.

"In any case, we will be waiting for the outcome of any mediation before we comment."

A spokeswoman for IRD also declined to comment.

She could not confirm whether the department had been invited to take part in mediation.

The Nurses Organisation supported the call from Cpag, saying its members saw the result of child poverty every day when they cared for sick children.

"Child poverty must be acknowledged and the impact of child poverty on areas such as child health must be addressed," chief executive Geoff Annals said in a statement.

- NZPA