Except in the law that must eliminate the incompatibility between dependency benefits

MadridThe Council of Ministers on Tuesday gave the green light to the reform of the law on dependency 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, with this law we want to guarantee that these years of life are enjoyed with the necessary support, resources and care," they argue from the ministry.

Likewise, the Spanish government argues that the approved changes seek to reverse the cuts that the Popular Party applied in this area for years. "When we talk about dependency, we only talk about waiting lists and people who die waiting because the PP cut 5.4 billion euros in five years," Bustinduy said last week. Thus, his portfolio defends "the investment effort" with the reform.

However, the lack of financial resources is the major criticism made by many entities and explains the waiting list when it comes to receiving aid. "I deny that funds have been frozen. Financing for dependency has increased by 150% since 2018. The commitment is beyond doubt and I ratify the objective of maintaining the path of increase," Bustinduy defended in a press conference.

Goodbye to the 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, in some autonomous communities it was not permitted to go to a day centre and 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 once 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 shopping. It also incorporates resources for supporting the home, 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, the ministry argues, in order to "deinstitutionalize" care during aging, which means reinforcing 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 telecare will also be recognized 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 degree of dependency, will prohibit discrimination based on disability in insurance and seeks to guarantee universal accessibility as a right.