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12 MAI 2014. - Act respecting the recognition of the close helper helping a person in a situation of great dependency

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Definitions
Art. 2
For the purposes of this Act:
1° person helped: the person recognized in a situation of great dependency.
For the execution of the 1st, the King determines, by order deliberately in the Council of Ministers, specific categories of assisted persons and conditions of residence;
2° Professional intervener: any person authorized, on the basis of a degree or legal recognition, to provide care or advice in respect of home care or assistance for compensation;
3° support and assistance: respectively the investment in psychological, social or moral type and the investment in physical or material type with an impact on the professional or family situation of the close helper.
For the execution of the 3rd, the King determines, by order deliberately in the Council of Ministers, the types and modalities of support and assistance, as well as the modalities for calculating the investment in time required;
4° continuous: support and assistance provided in the duration;
5° regular: support and assistance provided during different periods corresponding to the cyclical or phased evolution of defined pathologies or the evolution of dependency.
For the execution of the 5th, the King determines, by order deliberately in the Council of Ministers, the pathologies;
6th Life Project: Respect for the free choice of the person, 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 assent of 13 May 2009.
CHAPTER 3. - Recognition
Art. 3
§ 1^er. The close helper is the person who provides continuous or regular assistance and support to the helped person.
§ 2. To be recognized, the close helper meets the following cumulative conditions:
1° being a major or a minor emancipated;
2° having developed a relationship of trust or proximity, affective or geographic with the helped person.
§ 3. In addition, the following exercise conditions must be met:
1° exercise support and assistance for non-professional purposes, free of charge and with the assistance of at least one professional participant;
2° take into account the life plan of the assisted person.
§ 4. With the consent of the assisted person or his legal representative, a request for recognition, via a declaration on honour, shall be submitted to the mutuality of the close aide(s). This application is to be renewed annually.
The King shall, by order deliberately in the Council of Ministers, establish for each measure of implementation of protection of this target group under federal jurisdiction, the maximum number of persons who may be recognized as close helper by assisted person.
Art. 4
Acknowledging the quality of close helper ends:
- at the request of the close or assisted person;
- in the event of death of the assisted person;
- when the situation of high dependence ends;
- when the assisted person is permanently supported in a day or night reception service;
- when the close helper no longer meets the conditions of recognition;
- in the event of a conviction of the close aide for acts of violence, abuse, scam or negligence.
CHAPTER 4. - Evaluation
Art. 5
This Act, including Article 3, § 4 and its enforcement orders, will be evaluated. This evaluation will be presented to the Legislative Chambers before the end of the second year following the day of the publication of this Act to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 May 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, in charge of Professional Risks,
Ph. COURARD
Seal of the state seal:
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 Social Affairs Committee. 004: Amendments. 005: Text adopted in plenary and transmitted to the Senate. Full report: 2 and 3 April 2014.
Senate (www.senat.be) 5-2833 - 2013/2014: No. 1: Project not referred to by the Senate