Decree On Conditions For Accompanying The System After Service Law

Original Language Title: Bekendtgørelse om betingelser for ledsageordningen efter serviceloven

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Decree on conditions for accompanying the system after service law

Under section 45, paragraph 6, and paragraph 97, paragraph 9, of the law on social services, see. lovbekendtgørelse nr. 904 of 18. August 2011, as amended by Act No. 222 of 6. March 2012 shall be determined: § 1. The Municipal Council must offer 15 hours of escorts per month to: 1) Children and young people between 12 and 18 years of age who cannot move about alone due to significant and permanent impaired physical or mental function, see. service law § 45.

2) persons under the old-age pension age, see. section 1 a of the law on social pensions, except that the age limit cannot be less than 67 years, who cannot move about alone due to significant and permanent impaired physical or mental function, see. Service section 97.

(2). People who searched for 15 hours of accompaniment is a month before the old-age pension age, see. section 1 a of the law on social pensions, it retains this right after the transition to old-age pension.

(3). Accompanying the scheme does not include persons with disabilities as a result of the mental disorder or for social reasons.

§ 2. A person who is entitled to escorts, see. § 1 (1) or (2) has the right to appoint a person to perform the task. The Municipal Council must approve and employ the designated person.

(2). After service § 97 Municipal Council can decide to offer persons between 18 years and old-age pension age, which satisfies the conditions laid down in article 1, paragraph 1, no. 2, to get the allowance paid as a cash reimbursement for companion, as they concerned themselves employ. This also applies to persons who retain the right to accompaniment after transition to old-age pension. It is optional for the eligible to take advantage of the offer.

(3). Payment of a cash subsidy to the accompaniment of the basic regulation. (2) assumes that the user is able to manage the system, including hiring escorts to accompany and be responsible for the organisation of the scheme. The user may, however, in agreement with the Municipal Council, the Municipal Council on the instructions of the user and with acceptance from the attendant shall pay wages directly to the attendant and conducts fiscal drag, etc.

(4). That may not normally be the recruitment of persons with a very close association with the eligible for escort under section 1 (1) or (2).

§ 3. Persons between 18 years and old-age pension age, which satisfies the conditions laid down in paragraph 1, shall have the right to escort regardless of living arrangements. This also applies to persons who retain the right to accompaniment after transition to old-age pension.

(2). Children and young people between 12 and 18 years of age are not entitled to escorts, if they have a 24-hour stay after service article 52, paragraph 3, nr. 4, 5 and 7.

§ 4. Accompanying the scheme does not contain social pedagogical aid, but the only accompaniment to the activities which the user himself determines the content of, and the scheme is thus limited to the persons who may request individual accompaniment without social pedagogical content.

§ 5. Persons who satisfy the conditions for the escorts, shall be entitled to 15 hours per month to escort purposes, as they concerned themselves choose.

(2). If a person between 18 years and old-age pension age already receiving accompaniment in a form comparable to escort under section 97, URf.eks. as an integral part of the service offerings in their own home or in a residential accommodation, shall be deducted from this in the 15-hour escorts per month. This also applies to persons who retain the right to accompaniment after transition to old-age pension.

§ 6. Those entitled to escorts, in agreement with the local authority can save hours within a period of 6 months. There can thus be up to 90 hours available within a single month.

(2). Those entitled to escorts, in agreement with the local authority can save the cash allowance, see. section 2, paragraph 2, within a period of 6 months.

(3). Accompanying the scheme and any agreement about savings, see. paragraphs 1 and 2 must be organised so that the will of the people, who receive guidance, to the extent possible can be accommodated, but at the same time, so that the scheme will be possible to manage for the municipality.

(4). Consumption of the accompanying hours corresponds to the time required for the individual accompanying the task. Attendant befordringstid between the individual tasks are not included.

(5). By escorts on travel beyond local area calculated return and/or necessary waiting times or any accommodation for the attendant as usage of the accompanying hours. The calculated accompany hours may not exceed the equivalent number of full hours.

§ 7. The Municipal Council is committed to providing guidance as a natural performance, unless the person receiving the accompaniment, even want to appoint a companion, see. section 2, paragraph 1, or would a cash amount, see. section 2, paragraph 2.

§ 8. The Municipal Council shall bear the attendant costs of transport between the individual accompanying tasks in the local area.

§ 9. The person receiving the escorts, shall bear its own expenses incurred for the transport and accompanying, etc. as well as the attendant costs if that would accompany's presence during the activities, to be paid for, for instance. cinema or restaurant visits.

(2). The Municipal Council may, at the request of the person who receives guidance, provide grants for the attendant transport and other activities related to accompany the system. Can be financed with an amount of up to 797 USD annually (2012 price).

(3). The amount paid as a total once a year. The payment is done on the basis of the annual expenses, see probability. the accounting method to be used in the calculation of the Municipal Board's coverage of necessary additional costs after service § 100.

(4). The Municipal Council may, in addition, in connection with the individual accompanying task after a concrete assessment provide expenses for attendant local transport. If the attendant's presence in this particular case is considered necessary during the activities, to be paid for, the Municipal Council hold the cost to do so.

(5). The amount referred to in paragraph 2, shall not be consumed, before granting aid in accordance with paragraph 4.

§ 10. The Municipal Council must see to it that the municipality provide escorts, designated by the person receiving escorts, see. section 2, paragraph 1, an instruction to work as companion. The instruction corresponds to the one given to the companions, who, incidentally, are employed in the municipality's accompanying Corps.

(2). The Municipal Council may decide that the municipality offers to carry out an instruction, see. paragraph 1, of the escorts employed by persons receiving escorts as a cash contribution, see. section 2, paragraph 2.

§ 11. The cash amounts that the Municipal Council must pay for escorts, see. section 2, paragraph 2, can obtain maximum correspond to the actual costs incurred by the Municipal Board has by performing a similar task. The Municipal Council must include all costs in the calculation of the amount for the task, see. the statement method for cash grants home help after service § 95 paragraph 2. This means that, in addition to wages for up to 15 hours of escorts per month to include costs for administration in connection with the execution, etc., the amount shall be paid on a quarterly basis.

(2). The Municipal Council must inform the municipal tax authorities about the accompanying arrangements established with cash grants, see. section 2, paragraph 2.

§ 12. The notice shall enter into force on the 15. March 2012.

(2). section 1, paragraph 2, has effect for persons after the 1. January 1998 by transition to old-age pension is or was boarded for 15 hours of accompany scheme a month.

(3). Executive Order No. 1390 by 12. December 2006 on the conditions for accompanying the system after service act is repealed.

The Ministry of Social Affairs and integration, the 9. March 2012 Karen Haekkerup/Karin Ingemann