Social rights

The reform of the dependency law will offer help with shopping and going to the doctor.

The Spanish government sends to Congress an initiative that eliminates bureaucracy and accepts complementary benefits.

A group of seniors exercising to stay active in Sant Ildefons Square, Cornellà de Llobregat.

Madrid / BarcelonaHand disability and dependency, complementary aid, and more support at home. These are some of the new features of the draft reform of the dependency and disability laws that the Council of Ministers approved this Tuesday in the second round of voting. It now faces parliamentary proceedings. The Minister of Social Rights, Pablo Bustinduy, has defended the initiatives as "far-reaching" in the legislature because, on the one hand, they protect people with disabilities from discrimination and, on the other, they project the new care model into the future, assuming the high rates of population aging in the coming years.

The reforms create a pathway whereby people with Level I dependency (the lowest) will automatically be recognized as having a 33% disability, and Level II and Level III as having a 66%. From this point on, individual assessments will be conducted for those claiming more levels than they are entitled to through these correspondences.

Another new development is that the home care service is gaining momentum, reflecting the spirit of the reform, which aims to ensure that people remain at home as long as their physical or mental condition allows them to delay their time in a nursing home as much as possible. Thus, the service is expected to go beyond assistance within the domestic setting and strictly in matters related to care or hygiene, as is the case today.

On paper, the Spanish government is committed to providing more time for professional caregivers to accompany the dependent person to the doctor or even go shopping. Following this line of thought, the reform also includes personal assistance as another service within the system. Currently, home care services They basically focus on telecare and in Catalonia professional assistance does not reach the two hours a day for highly dependent people.

Precisely, Telecare as a universal rightl for all dependent persons, which means that it cannot be considered as a single benefit but rather a complementary one with the right to other benefits. People living in nursing homes can also apply.

Cuts from more than a decade ago

At the press conference following the Spanish government meeting, Bustinduy announced that the opportunity will now be taken to reverse the "two cuts" imposed in 2012 by the PP government, which have continued for a decade to the detriment of service quality. This means that the system of incompatibilities for simultaneously receiving dependency benefits, such as access to a public day care place and a cash benefit, will be eliminated. The two-year period during which a family caregiver can wait to receive a job will also be eliminated. collect the benefit once the Individual Care Plan (PIA) has been recognized.

Once the reform projects have passed Congress, the amendment period opens for political parties to express their views, and therefore, modifications could still be made. Bustinduy has expressed optimism that such a law will be passed and has compared it to the consensus achieved with other regulations such as the ELA law or the change in the Constitution to expand the rights of people with disabilities and eliminate the use of the expression "physically, sensorially and mentally handicapped", as previously stated. "I am convinced that this path of general interest will be pursued," the minister stated.

No budget

Once again, the second presentation of the reforms was made without detailing the budget. At this point, Bustunduy argued that an "unprecedented fiscal effort" has been made for benefits and services, "quadrupling the investments of previous governments," despite criticism from various third-sector organizations regarding the lack of financial support from the State to update the Dependency Law, which has become obsolete after eighteen years of validity.

In any case, the minister acknowledged that the government agreement between the PSOE and Sumar, which provided for a 50%-50% contribution in dependency between the State and the autonomous communities, has not yet been reached. "We want to take firm steps to achieve this [commitment]," he said. However, the lack of a new general state budget (the 2023 budget remains extended) does not make it easier to achieve this goal.

The Association of Directors and Managers of Social Services has noted that the State's contribution has decreased in the last year and the upward trend has slowed. To reach half of the investment, the Spanish government has a long way to go because it only contributes 27% of the budget in this area. In Catalonia, it is even lower and is among the communities with the lowest state participation: 22.6% compared to 77.4% contributed by the Generalitat. According to the same data, Catalonia invests 261 euros per inhabitant in dependency care, while the most generous regions are the Basque Country, with 432 euros, and Extremadura (399 euros).

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