Name of law Law amending and supplementing the law on integration of people with disabilities Name of Bill a bill amending and supplementing the law on integration of people with disabilities date adopted 11/03/2010 number/year Official Gazette 24/2010 Decree No 69

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on integration of people with disabilities, adopted by the National Assembly of the HLI, 11 March 2010.

Issued in Sofia on March 19, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on integration of people with disabilities (official SG. 81 of 2004; amend., SG. 28, 88, 94, 103 and 105 by 2005, issue 18, 30, 33, 37, 63, 95, 97 and 108 of 2006, issue 31, 46 and 108 in 2007 and no. 41 and 74 of 2009.)

§ 1. In art. 4, item 3, after the word "employment" shall be inserted "and professional development".

§ 2. In art. 5 make the following amendments and additions:

1. Paragraph 2 shall be replaced by the following:

"(2) the State policy for the integration of people with disabilities is carried out by the Council of Ministers, Minister of labour and social policy, regional governors and local government authorities in cooperation with the national representative organizations of and for people with disabilities, national representative organizations of the employers and national representative organizations of workers and employees in accordance with the adopted national strategy on people with disabilities."

2. a para. 4:

"(4) in the implementation of the State policy for the integration of persons with disabilities the Al. 2 support and of other organizations working in the field of integration and protection of the rights of persons with disabilities. "

§ 3. In art. 6 make the following amendments and additions:

1. In paragraph 8. 1, after the words "National Council for integration of people with disabilities" is added "with Prime Minister of labour and social policy".

2. in the Al. 2 the words "representative organizations of persons with disabilities, national representative organizations for people with disabilities" shall be replaced by "representative organizations of and for persons with disabilities".

3. Paragraph 3 is replaced by the following:

"(3) the National Council for integration of people with disabilities provides opinions on all draft regulations, strategies, programs and plans that affect the rights of disabled persons and their integration."

4. Paragraph 4 is replaced by the following:

"(4) the Council of Ministers shall adopt rules for the structure and activity of the National Council for integration of people with disabilities, in which defines criteria for national representativeness of organisations of and for people with disabilities."

§ 4. In art. 8 make the following amendments and additions:

1. In paragraph 1, the words "and monitoring compliance with the established criteria for granting them are deleted.

2. a new paragraph 2:

"2. the controlled activities in the provision of assistive devices, gadgets and facilities for people with disabilities and medical devices referred to in the lists under art. 35 a, para. 1; ".

3. The former item 2, 3 and 4 shall become item 3, 4 and 5.

4. an item 6:

6. develop programs and fund projects for rehabilitation, integration and to build an accessible environment for people with disabilities; ".

5. Current item 5 becomes item 7.

§ 5. Article 12 is amended as follows:

"Art. 12. (1) the social evaluation is carried out on the basis of medical expertise on a methodology approved by the Minister of labour and social policy.

(2) Social assessment establishes:

1. needs and opportunities for rehabilitation;

2. training opportunities;

3. opportunities for employment and professional development;

4. the needs for social services;

5. opportunities for social inclusion.

(3) Social assessment is carried out at the request of:

1. a person with a disability;

2. the parent (adoptive), guardian or curator of a person with a disability;

3. the family of relatives or foster family, where a disabled child is accommodated by the procedure of art. 26 of the Act on the protection of the child.

(4) at the request and with the participation of the persons referred to in para. 3 on the basis of social assessment is drawn up an individual plan for integration. "

§ 6. In art. 13 the following amendments and supplements: 1. Al. 1:

a) in paragraph 1 the words "para. 1 "shall be replaced by" para. 2 ";

b) item 4 shall be:

"4. a reasoned proposal for the allocation of targeted assistance for production and/or purchase of assistive devices, gadgets and facilities for people with disabilities and medical devices referred to in the lists under art. 35 a, para. 1; "

in) item 5 shall be inserted: ' 5. a reasoned proposal for the allocation of the financial support referred to in art. 41A. "

2. Paragraph 3 shall be amended as follows:

"(3) the composition of the Commission Name under para. 2 is approved by order of the Director of the Directorate for social assistance of the Agency for social assistance and includes:

1. the expert from the Directorate for social assistance designated by the Director of the Directorate for social assistance;

2. the doctor designated by the Director of the regional health center;

3. a psychologist appointed by the head of the regional Inspectorate of education;

4. teacher designated by the Chief of the regional Inspectorate of education;

5. a representative of the municipality, appointed by the Mayor;

6. the expert from the Directorate "Labour Office designated by the Director of the Directorate" Labour Office "of the employment agency."

§ 7. In art. 14 is hereby amended as follows:

1. In paragraph 8. 2 the word "disease" is replaced by "and prenatalnite diseases and acquired conditions".

2. in the Al. 3 in the text before point 1, the words "persons with disabilities, national representative organizations for people with disabilities" shall be replaced by the words "and for people with disabilities, other organizations working in the field of integration and protection of the rights of persons with disabilities".

§ 8. In art. 15, para. 2 point 8 shall be replaced by the following:

8. appointment of assistive devices, gadgets and equipment, and medical devices for people with disabilities. "

§ 9. In art. 17, item 5, after the word "disability" insert "and of persons with disabilities to 29 years of age".

§ 10. In art. 25, para. 1, item 1, 2 and 3, the words ' disabled person ' shall be replaced by "a person with a permanent disability.

§ 11. In art. 26 the following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the Agency for people with disabilities carry out controls on the spending of the funds referred to in paragraph 1. 1. "

§ 12. In art. 28, para. 1, item 3 is hereby amended as follows: 1. In the text before paragraph (a), the words "persons with disabilities" shall be replaced by the words "persons with disabilities".

2. In subparagraph (a), the word "total" is replaced by "list".

3. In point (b), the word "total" is replaced by "list".

4. (c) the number "50" is replaced by "30", and the word "total" is replaced by "list".

§ 13. In art. 29, para. 2 the word "Line" is replaced by "rules", and the words ' shall be determined "shall be replaced by ' shall be determined".

§ 14. In art. 35 the following modifications are made: 1. In para. 1 the words "art. 44, para. 3 "shall be replaced by" art. 44, para. 2. "

2. in the Al. 2 the words "Member State or of the European economic area ' shall be replaced by" Member State of the European Union, another State party to the agreement on the European economic area or the Swiss Switzerland ".

3. in the Al. 5, the words "the requirements for the implementation" are replaced by "the terms and conditions for implementation and control".

§ 15. In art. 35 (a) is hereby amended as follows:

1. Paragraph 2 shall be replaced by the following:

"(2) in case of doubt whether a product is a medical device or resource, gadgets or equipment for people with disabilities, the final opinion gives the competent authority under the law for medical devices."

2. Paragraph 3 shall be repealed.

§ 16. In art. 36 in the text before point 1, the words "the State Agency for youth and sport ' shall be replaced by ' Department of physical education and sport".

§ 17. In art. 40 following amendments and supplements shall be made:

1. In paragraph 8. 1 the figure "30" is replaced by "50".

2. a new paragraph. 3:

"(3) the control on the use of the resources of the Al. 2 shall be carried out by the Agency for people with disabilities. "

3. The current paragraph. 3 it al. 4.          

§ 18. Art is created. 41A:

"Art. 41. (1) persons with disabilities are entitled to financial support depending on their individual needs, identified in the assessment under art. 12, for use of:

1. social services;

2. facilities for social and medical rehabilitation;

3. facilities for participation in employment and professional qualification;

4. facilities for access to education and training;

5. Services for providing an accessible environment.

(2) the amount, the manner of its formation, the conditions and procedures for granting and use of financial support for each of the services under para. 1, item 1 – 5 are determined by the regulation for implementation of the law. "

§ 19. Article 43 is repealed.

§ 20. Article 44 is amended as follows:

"Art. 44. (1) persons with disabilities according to their needs are entitled to targeted support for:

1. purchase and adaptation of a private motor vehicle;

2. imports of a private motor vehicle;

3. reconstruction of the dwelling;

4. assistance to persons with disabilities, persons with difficulties in movement, persons with intellectual disabilities and persons with mental disorders, the interpreters-companions of persons with slepo-deafness and interpreters for persons with impaired hearing.

(2) persons with disabilities according to their needs are entitled to targeted aid for construction, purchase and repair of tools, accessories, equipment, and medical devices referred to in the lists under art. 35 a, para. 1, with the exception of medical devices which are to be paid in full or in part by the national health insurance fund.


(3) the amount of aid targeted under para. 2 is determined by the methodology and with a warrant approved by the Minister of labour and social policy in consultation with the Minister of finance, Minister of economy, energy and tourism and the Minister of health.

(4) the Minister of labour and social policy, the Minister of health and the Director of the national health insurance fund jointly established a coordinating mechanism for interaction in the implementation of activities related to the targeted aid under paragraph 1. 2.

(5) the conditions and procedures for the granting, payment, modification and termination of the target and the size of the targeted aid under paragraph 1. 1 shall be determined by the regulation for implementation of the law. "

§ 21. In art. 45, para. 1 the number "43" is deleted.

§ 22. In art. the Union "or 52" is replaced by "and".

§ 23. Art is created. 54A:

"Art. 54. (1) a person who carries on business in the provision of assistive devices, appliances, equipment, and medical devices for people with a disability in violation of the provisions of this law and of the Ordinance under art. 35, para. 5 shall be imposed a fine, penalty, respectively, in the amount of 10 000 to 20 000. on a case by case basis.

(2) the amounts collected under para. 1, imported into the revenue of the Agency for people with disabilities and be expended for programs and projects for rehabilitation, integration and to build an accessible environment for people with disabilities. "

§ 24. In art. 55, para. 1 make the following amendments and additions:

1. In paragraph 6, after the words "social assistance" insert "and targeted aid under art. 44, para. 1, paragraphs 1 and 3.

2. point 7 is created:

"7. the Executive Director of the Agency for persons with disabilities – for violations related to the provision of targeted aid under art. 44, para. 2. "

§ 25. In § 1 of the supplementary provision item 10 shall be replaced by the following:

"10." Nationally representative organisations of and for people with disabilities "are those organisations representing people with disabilities and who are recognised as such under the conditions and in accordance with procedures laid down by an act of the Council of Ministers."

Final provisions

§ 26. The law on family allowances for children (official SG. 32 of 2002; amended, by 120/2002 of 112/2003; 69/04 105/2005, no. 21, 30, 33, 68 and 95 from 2006, 113/2007, no. 71 and 110 in 2008, issue 23 of 2009 and no. 15 of 2010) make the following additions :

1. In art. 2, al. 1 item 10 is created:

"10. the monthly supplement for children with permanent disabilities to 18 years of age and until completion of secondary education, but not later than 20 years old."

2. an art. 8 (e):

"Art. 8 (1) the right to a monthly supplement amounting to 70 percent of the minimum wage for children with permanent disabilities to 18 years of age and until completion of secondary education, but no later than age 20, have:

1. the parents (adoptive parents) when grown children with permanent disabilities;

2. families of relatives or relatives and foster families, in which children are permanently disabled by the procedure of art. 26 of the Act on the protection of the child.

(2) the eligible under paragraph 1. 1 receive the monthly supplement in its permanent address of social assistance directorates of the Agency for social assistance.

(3) if the children are accommodated at full State or municipal maintenance in hospitals, as well as in specialized institutions and social services-resident type, for a period longer than one month, beneficiaries do not receive a monthly supplement in al. 1 for the period of their stay in them. "

3. In art. 12 (10):

10. three years – for the monthly supplement for children with permanent disabilities to 18 years of age and until completion of secondary education, but not later than 20-years of age as of the end of the month to which it relates. "

§ 27. Article 6, paragraph 1 (c), § 17, item 1 and § 18 shall apply from 1 January 2011.

The law was adopted by 41-Otto National Assembly on 11 March 2010, and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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