New state dependency law: What changes does it include and who will benefit?
The Council of Ministers approved the reform of this law and also that of the rights of people with disabilities in the second round.
MadridThis Tuesday's Council of Ministers approved the reform of the Dependency Law and the General Law on the Rights of Persons with Disabilities. The regulatory changes, piloted by the Ministry of Social Rights, Consumption, and the 2030 Agenda, under the leadership of Pablo Bustinduy, were approved in the second round, and are now headed to the Congress of Deputies. Among the notable measures is the elimination of the incompatibility between dependency benefits and services.
The reform comes at a time when dependency has become one of the main social challenges, given Spain's demographic shift. People are living longer and longer, which requires increased efforts to ensure dignified aging and, at the same time, sufficient support for those who care for them. "If we have managed to live longer lives, this law aims to ensure that these years of life are enjoyed with the necessary support, resources, and care," the ministry argues.
The Spanish government also says the approved changes seek to reverse the cuts the Popular Party has implemented in this area for years. However, the lack of financial resources is the main criticism from many organizations and the reason for the long waiting list for aid.
The keys to the reform
Goodbye to incompatibility of benefits
Among the most notable measures is the elimination of the incompatibility between the different benefits of the System for Autonomy and Care for Dependent People, which was approved by the People's Party (PP) in 2013. Until now, for example, it was not permitted to attend a day center and at the same time receive help at home or receive telecare. "This way, people can access the benefits and services they require, ensuring greater personalized care," say sources from the Ministry of Social Rights.
Elimination of the "suspensive period"
The "two-year suspension period" approved by the People's Party (PP) for receiving the economic benefit for family caregivers is also eliminated, and the right to receive the benefit is established from the moment the resolution recognizing the aid or service is received or when six months have passed since submitting the application. This change opened the door for a family, despite having been granted a dependency-related benefit, to not begin receiving it until after this period of time.
More benefits
The draft bill also expands benefits to caregivers in the family and "relational" environment, including neighbors and friends, and plans to extend home help to other community-based tasks, such as accompanying the doctor or going shopping. It also incorporates home support resources, such as chairs and hoists.
New rights
New rights linked to dependency are being created, both for people who need care and for their caregivers, and a catalog of services. These rights seek to "underpin" a new model of care, the ministry states, to "deinstitutionalize" care during aging, which means strengthening home care. These rights include recognition of the freedom to choose services and the right to receive care in the place where one chooses to live. The right to "receive care" will also be recognized. right to telecare as a subjective right to "expand" its use.
Recognition of a disability
The reform will provide a direct pathway to recognize a 33% disability for anyone granted any level of dependency, prohibit disability discrimination in insurance, and seek to guarantee universal accessibility as a right.
Improve housing accessibility
Continuing with this philosophy and considering that there are approximately 100,000 people in Spain trapped in their homes by architectural barriers, the minister is also proposing a reform of the horizontal property law to require communities to install ramps and elevators, as well as perform security or maintenance work. Should there be neighborhood opposition, it will be easier to take the case to court.
No funding
For the dependency sector, the ministry's draft bill falls back into the original sin of the law's approval two decades ago: a lack of funding. Andrés Rueda, president of the Catalan Professional Association of Directors of Dependency Care Centers (ASCAD), criticizes the lack of specific funding guidelines for expanding portfolios and services, saying that without a financial plan, any proposal "is unrealistic" and, furthermore, "creates more frustration" among those waiting for a decision. little planning".
The head of the large Catalan employers' association of residences, Cinta Pascual, director of ACRA, expresses herself in similar terms. She does not doubt the "good will" of the Spanish executive to improve services, but points out that it will not go beyond "window dressing" if the budget items are not reinforced so that "everyone".
For his part, in response to criticism, Minister Bustinduy has recalled that funding for dependency has increased by 150% since 2018 and 200% since 2014, and has expressed his commitment to maintaining "this path of historic increase in the next budgets".