Filenews 20 June 2021 - by Adamos Adamou
In a series, the effort of the outgoing Parliament to "save" from the suffering and re-evaluations of persons with permanent disabilities, in terms of receiving benefits and allowances through the legislation of the Minimum Guaranteed Income.
The relevant proposal for a law adopted by the House shortly before its self-resolution was referred back by the President of the Republic, but the plenary unanimously rejected the referral, insisting on its position.
However, a position which, as is apparent from a bill tabled last Thursday before the new Parliament on changes to the legislation of the ESE, may be to the detriment of beneficiaries and affected persons.
Specifically, the purpose of the bill that is expected to employ the Working Committee of the House in one of its first meetings with its new composition "is to amend the Minimum Guaranteed Income and General Social Benefits Laws of 2014 to 2020" so that "in the light of the rights of persons with disabilities and the public interest , to correct issues arising after the passage by the House of Representatives of a proposal for a law introducing new regulations in relation to the assessment and certification of disability".
As the ministry explains in the rapporteur's report to the House "the proposed bill repeats the content of the proposed law passed by the House, but additional regulations are added to ensure the smooth implementation of the law and the rights of persons with disabilities".
These arrangements are introduced by adding to Article 34 of the Law, as formulated by the decision of the House, two reservations.
In more detail, the Ministry holds the position of the House, in order "a person with a disability, who is the beneficiary of a minimum guaranteed income and whose disability has been certified by the Disability Assessment Committee, which operates within the framework of the Disability Assessment System, as a permanent or irreversible disability, without the possibility of rehabilitation or improvement, is not invited by that Committee , for the re-evaluation of invalidity', as referred to in Article 34, with the following reservations:
- Provided that, where the disabled person submits a new application for an additional benefit or service, the Department may carry out a re-evaluation of invalidity, if this is required for the purpose of examining that application;
- It is further provided that, in the event that newer and sufficiently substantiated information comes to the attention of the Department, through a named complaint or otherwise, the Department may carry out a disability reassessment if it is required for certification purposes that the person continues to meet the criteria and conditions of the beneficiary.
On the need for the changes proposed by the Ministry, it is stated that the rule is that, where invalidity is certified as permanent, a finding with permanent effect is issued so as not to require a reassessment, but adds: "But the reassessment of invalidity is in many cases required for the benefit of the beneficiary, since very often the beneficiary requests additional benefits or services for which it was not previously assessed".
It also states that, in a few but existing cases, newer and documented data come to the attention of the competent Department, through a named complaint or otherwise how, which the Department must investigate by re-evaluating invalidity, in order to certify whether the disabled person is a beneficiary of benefits or services.
In its letter to the Parliament, the ministry also sets out a number of examples to indicate the need for a reassessment of disability.
As such an example, it records the following: 'A person who is certified with a severe permanent disability (motor and/or other physical and/or visual and/or auditory and/or mental and/or mental) or a moderate mental disability and becomes a beneficiary of the ESE+disability allowance; then requests at a later time a home care grant, or an increase in the amount of home care already approved, under the CCI 365/2017 of the ESY Law, due to a worsening of his disability situation and his home care needs".
In conclusion, the Ministry notes that disability is a complex concept that depends, both on medical and social, and the circumstances and circumstances of each case are individualised, which, in some cases, makes it impossible to carry out a single assessment, the finding of which is absolutely valid forever, even if the disability of an applicant has been classified as permanent".
