Posted the: 2014-06-06 Numac: 2014203605 SERVICE PUBLIC FEDERAL social security may 12, 2014. -Law on the recognition of the close caregiver assisting a person in a situation of dependence PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1 this law regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Definitions art. 2. for the purposes of this Act, shall mean: 1 ° assisted person: the person recognized in a situation of dependence.
For the execution of the 1 °, the King determines, by deliberate order in Council of Ministers, specific categories of people assisted and residency requirements;
2 Professional Speaker °: any person empowered, on the basis of a diploma or a legal recognition, care or advice for care or home help for remuneration;
3 ° support and assistance: respectively the investment in times of psychological, social, or moral type and investment in times of physical or material type impacting professional or family status of the close caregiver.
For the execution of 3 °, the le Roi King determines, by Decree deliberated in the Council of Ministers, types and modalities of support and assistance, as well as the modalities for the calculation of the investment in time required;
4 ° continuous: the support and profuse assistance who register in the long term;
5 ° regular: the support and assistance provided during different periods corresponding to the cyclic trend or phased specific pathologies or the evolution of the dependency.
For the execution of 5 °, the King determines, by Decree deliberated in the Council of Ministers, pathologies;
6 ° life project: respect for the free choice of the person helped such as defined by article 19 of the Convention on the rights of persons with disabilities adopted in New York on 13 December 2006, and ratified by the Act of consent of 13 May 2009.
CHAPTER 3. -Recognition art. 3 § 1. Close caregiver is the person who brings a continuous or regular support and assistance to the assisted person.
§ 2. To be recognized, the close caregiver meets the following cumulative conditions: 1 ° be major or minor emancipated;
2 ° have developed a relationship of trust or emotional or geographic proximity with the assisted person.
§ 3. In addition, the following conditions must be met: 1 ° exercise support and assistance to non-business purposes, in a free way and with the assistance of at least one professional speaker;
2 ° observe the project of life of the assisted person.
§ 4. Per person helped, or close carers (Fri) t introduce, with the agreement of the aided person or his legal representative, an application for recognition, through a declaration on their honour, to the mutuality of the nearby caregivers.
This application is to renew annually.
Fixed King, by Decree deliberated in the Council of Ministers, for each measurement of implementation of protection of this target group within the federal competence, the maximum number of persons that can be recognize the quality of helping close per person helped.
S. 4. the recognition of the quality of helping close ends:-at the request of the close caregiver or the assisted person;
-in the case of death of the person assisted;
-When the situation of dependence ends;
-When the assisted person is supported on a permanent basis in a home by day or night service;
-If the close caregiver no longer fulfils the conditions for recognition;
-in the case of conviction of the close caregiver for acts of violence, abuse, fraud or negligence.
CHAPTER 4. -Assessment s. 5. the present law, including article 3, § 4 and its orders of execution, will be evaluated. This assessment will be presented to the legislative chambers before the end of the second year following the date of publication of this Act in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 12, 2014.
PHILIPPE by the King: the Minister of Social Affairs, Mrs. L. ONKELINX. the Secretary of State for Social Affairs, families and persons with disabilities, responsible risk professional, Ph. COURARD sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) see: House of representatives (www.lachambre.be): Documents: 53 - 3439 (2013/2014): 001: Bill. 002: Report. 003: Text corrected by the commission Social Affairs. 004: Amendments. 005: Text adopted in plenary meeting and transmitted to the Senate. Full record: 2 and April 3, 2014.
Senate (www.senat.be) 5-2833-2013/2014: No. 1: project not referred by the Senate