Personal assistance in Spanish law
In December 2003, the Law on equal opportunities, non discrimination and universal accessibility of persons with disabilities (51/2003), colloquially known as LIONDAU. In Article 9 explicitly personal assistance as further support to implement the independent living paradigm, that Article 2 takes as a guiding principle, defining it as “the situation in which the disabled person exercising the power of decision over their own existence and participates actively in community life, as the right to free development of personality. ”
Soon after, in December 2006, enacted the promotion of personal autonomy and care for people in situations of dependency, (39/2006), also abbreviated as LEPA. The definition of “personal assistance” is contained in Article 2.7 “Personal assistance: service provided by a personal assistant who performs or assists in daily life tasks of a person in a situation of dependency, in order to promote independent living, promoting and enhancing personal autonomy. ”
It establishes an allowance for personal assistance in Article 14.5 “The people in situations of dependency may receive a financial benefit for personal assistance in terms of Article 19.” And Article 19 “The economic benefit of personal assistance is intended the empowerment of people with high dependency. It aims to contribute to the recruitment of staff assistance for a number of hours, to provide the recipient access to education and employment as well as a more independent life in the performance of basic activities of daily living. By agreement of the Territorial Council of the System for Autonomy and Care for Dependency shall establish the specific conditions for access to this benefit. ”
Note that while the definition 2.7 and Article 14.5 refers to “people in a situation of dependency,” Article 19 restricts the economic benefit to “people with high dependency.” This arbitrary discrimination clashes with the right enshrined in Article 4.2.k “equal opportunities, non discrimination and universal access in any area of development and implementation of this Act” Another fundamental lack of Article 19 is the Failure to consider participation in the activities of community life, social and civic life. This failure to achieve the target set by Article 13.b “Providing decent treatment in all areas of his personal life, family and community, facilitating their active involvement in community life.”
The maximum amount that can achieve financial benefit for personal assistance is of 831 € / month (grade III, level 2). This maximum amount will be deducted and determined by each Autonomous Community and the benefits of a similar nature that are already receiving (complements of “severe disability” from “3rd person” and “dependent child”, etc..) .
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