New State Dependency Law: What changes does it include and who will benefit?
The Council of Ministers approves in the first round the reform of this law and also that of the rights of people with disabilities
MadridThe Council of Ministers on Tuesday gave the green light to the reform of the dependency law and the general law on the rights of people with disabilities. The regulatory changes that have been piloted by the Ministry of Social Rights, Consumption and Agenda 2030, under the baton of Pablo Bustinduy, are approved in the first round, so the legislative journey has only just begun and there are still months to go before they reach the Congress of Deputies. Among the highlighted measures is the elimination of the incompatibility between benefits and services for dependency.
The reform comes at a time when dependency has become one of the main social challenges taking into account demographic change in Spain. People are living longer and longer, which implies increasing efforts to guarantee dignified aging and, at the same time, sufficient support for those who care for them. "If we have managed to have longer lives, this law aims to guarantee that these years of life are enjoyed with the necessary support, resources and care," argues the ministry.
The Spanish government also says that the approved changes seek to reverse the cuts that the Popular Party has applied for years in this area. "When we talk about dependency, We only talk about waiting lists and people dying waiting. "because the Popular Party cut 5.4 billion euros in five years," Bustinduy pointed out last week. Thus, from his portfolio he defends "the investment effort" with the reform.
However, the lack of financial resources is the great criticism made by many entities and the reason that explains the waiting list for the. Dependency financing has increased by 150% since 2018. The commitment is beyond doubt and I ratify the objective of maintaining the path of increase," Bustinduy defended at a press conference.
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 Dependency, which was approved by the PP in 2013. Until now, for example, it was not permitted to go to a day centre and at the same time receive help at home or have telecare. "In this way, people are allowed to access the benefits and services they require, ensuring greater personalisation of care," say sources from the Ministry of Social Rights.
Elimination of the "suspension period"
The "two-year suspension period" approved by the PP to receive the economic benefit for family carers is also eliminated and the right to receive the benefit is established from the moment in which the resolution of the recognition of the aid or service is received or when six months have passed since the presentation of the application. That change opened the door for a family, despite having been recognised as a benefit linked to dependency, not to start receiving it until after that period of time.
More benefits
The draft law also extends benefits to caregivers in the family and "relational" environment, which includes neighbors and friends, and provides for extending home help to perform other tasks in the community environment, such as accompanying them to the doctor or going shopping. It also incorporates resources for housing support, such as chairs and cranes.
New rights
New rights linked to dependency are created, both for people who need care and for caregivers, and a catalogue of services. These rights seek to "support" a new model of care, says the ministry, to "deinstitutionalize" care during aging, which means strengthening home help. These rights include recognition of the freedom to choose services and the right to receive care in the place where one wants to live. The right to receive care in the home will also be recognized. right to telecare as a subjective right to "expand" its use.
Recognition of a disability
The reform will offer a direct pathway to recognize a 33% disability to anyone who is granted any degree of dependency, will prohibit discrimination based on disability in insurance and seeks to guarantee universal accessibility as a right.
Improving accessibility to housing
Continuing with this philosophy and taking into account that there are about 100,000 people in Spain who live trapped in their homes by architectural barriers, the minister also proposes a reform of the horizontal property law to force the community to install ramps and elevators, just as security or maintenance works are carried out. In the event of opposition from neighbours, it will be easier to take the case to court.
Without funding
For the dependency sector, the ministry's draft bill falls back into the original sin of when the law was passed two decades ago: lack of funding. The president of the Catalan Professional Association of Directors of Dependency Care Centers (ASCAD), Andrés Rueda, criticizes that it has not been said with what money they intend to expand portfolios and services because without a financial plan any proposal "is unrealistic" and, in addition, "creates more frustration" among people who are waiting for a .
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 "make-up" if the budget items are not reinforced so that "everyone".
In response to criticism, Minister Bustinduy recalled that funding for dependency has increased by 150% since 2018 and 200% since 2014, and expressed a commitment to maintain "this path of historic growth in the next budgets."