Advanced Search

The Law On The Basis Of Disability, On The Conditions In The Services And Support Measures

Original Language Title: Laki vammaisuuden perusteella järjestettävistä palveluista ja tukitoimista

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on services and support measures to be organised on the basis of disability

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Purpose of the law

The purpose of this law is to promote the ability of a disabled person to live and work with others as an equal member of society and to prevent and eliminate the disadvantages and obstacles caused by disability.

ARTICLE 2
Disabled person

For the purposes of this law, a person with a disability means a person who, in the event of a disability or illness, has special difficulties in performing the normal life functions.

ARTICLE 3
Responsibility for the organisation of services and assistance

The municipality shall ensure that services and support activities for persons with disabilities are organised in terms of content and scope as required by the municipality.

The provision of services and support measures under this law must take account of the individual needs of the customer. (19/122008/981)

§ 3a (19/122008/981)
Identifying the service needs and the service plan

The need for clarification of the need for services and support measures under this law shall begin at the latest on the seventh working day after the disabled person or his/her legal representative or his/her property, other person or authority has contacted: The municipal authority responsible for social services in order to provide services.

In order to establish the necessary services and support measures for a disabled person, a service plan shall be drawn up without undue delay in accordance with the provisions of the (812/2000) Provides. The service plan shall be reviewed in the event of changes in the service or circumstances of the disabled person and, where appropriate, changes.

Decisions concerning services and support measures under this law shall be taken without undue delay and no later than three months after the date of application by the disabled person or his representative for the application for a service or a supporting action, Unless, for a specific reason, it requires a longer processing period.

§ 4
Legal relationship to other legislation (19/122008/981)

Services and support measures under this law will be organised if the disabled person does not receive adequate and suitable services or support measures under other law. On Special Care for Disabled People (519/1977) Shall, however, be provided with the services and support measures required for his disability under this Act, in so far as they are adequate and appropriate to the service needs of the person concerned, and Of. (19/122008/981)

Notwithstanding the provisions of paragraph 1, any person with a disability may provide services or financial support under this law if there is a delay in the provision of a service or benefit under any other law referred to in paragraph 1.

§ 5 (29.12.2009)
Design and financing

The activities organised by the municipality within the meaning of this Law shall be governed by the law on social and health planning and State aid (1999) And the law on the state of the municipality's basic services (1704/2009) , unless otherwise specified.

ARTICLE 6
Developing living conditions

The social committee and other authorities of the municipality shall promote and monitor the living conditions of persons with disabilities, as well as efforts to prevent the creation of maladministration and to remove disadvantages that limit the disabled person 's Possibilities for action and participation.

§ 7
Development of services

The municipality shall ensure that the general services of the municipality are also suitable for the disabled person.

In developing services and support measures on the grounds of disability, the municipality must take into account the needs and concerns of disabled persons.

The disabled person shall be provided and services provided taking into account his/her mother tongue.

§ 8
Services for disabled people

The disabled person shall be provided with rehabilitation and adaptation training and other services necessary for the purposes of this law. Such services may also be provided to the person who is close to the disabled person or to a person who is caring for him or otherwise close to him.

The municipality shall provide the disabled person with reasonable means of transport, including escorts, daily activities, personal assistance and service accommodation, if the person is necessarily required by his disability or illness to: A service to perform normal life functions. However, the municipality does not have a specific obligation to provide services or to provide personal assistance if adequate care cannot be provided by means of an outward-service provision. (19/02/2014)

The Government Decree may provide more detailed provisions on the content of rehabilitation and adaptation training and the content and organisation of transport services and accommodation. (19/122008/981)

§ 8a (19/02/2014)

Article 8a has been repealed by L 19.2.2010 .

§ 8b (22/1267)
Daytime

The daily activities of persons with disabilities include activities promoting the survival of an independent living outside the home.

In the event of a daily occurrence, an unskilled person is considered to be a difficult person who, owing to a very severe disability caused by a disability or illness, does not have the right to participate in the Social Welfare Act. (710/1982) Article 27e And whose income is based mainly on benefits granted on the basis of sickness or invalidity.

As far as possible, daily activities shall be organised in such a way as to enable a more difficult person to take part in the activity on a five-day or less week if the person in difficulty is able to participate in or on a part-time basis. Other cause of him.

Article 8c (19/122008/981)
Personal assistance

For the purposes of this law, personal assistance shall mean the necessary assistance necessary for a person who is more difficult to live at home and outside the home:

(1) daily operations;

2) at work and study;

3) hobbies;

(4) participation in society; or

5) to maintain social interaction.

The purpose of the personal assistance is to help the difficult person to carry out its own choices when carrying out the activities referred to in paragraph 1. The organisation of personal assistance requires that the most difficult person has the resources to define the content of the aid and the way it is implemented.

In the event of personal assistance, a person who is in need of a long-term or progressive disability or illness, who is in need of assistance from another person in order to carry out the activities referred to in paragraph 1, shall be regarded as a difficult case; The need for assistance is mainly due to age-related diseases and disability.

Personal assistance shall be provided for daily activities, work and study, to the extent that the most difficult person may need it.

For the activities referred to in paragraph 1 (3) to (5), personal assistance shall be provided at least 30 hours per month, unless this lower number of hours is sufficient to ensure the necessary need for assistance.

Article 8d (19/122008/981)
Arrangement of personal assistance

In deciding how to organise personal assistance and to organise personal assistance, the municipality shall take into account the opinion and wishes of the difficult person and the need for individual assistance as defined in the service plan, and The whole life situation.

The municipality can provide personal assistance:

(1) replacing the costs of hiring a personal assistant to the disabled person with the statutory charges and allowances payable by the employer, as well as other reasonable expenses incurred by the employer;

(2) providing for the most difficult person, for the purpose of obtaining assistance services, in the Social and Health Service Act; (249/2009) , the value of which is reasonable; or (30/04/2013)

(3) by providing assistance services to the disabled person from the public or private service provider, or by organising the service itself or by agreement with another municipality or other municipalities.

In the case referred to in paragraph 2 (1), the most difficult person shall, where appropriate, be guided and assisted in matters relating to the remuneration of the assistant.

As a personal assistant within the meaning of paragraph 2 (1), it is not possible to act as a person or other person who is a difficult person, unless, for a particularly weighty reason, it is to be considered to be in the interests of the most difficult person.

§ 9 (19/122008/981)
Financial support measures

The disabled person shall be reimbursed, in full or in part, in full or in part, in accordance with the necessary conditions necessary for carrying out the purpose of carrying out the purpose of this law, and in accordance with the need for Costs arising from the acquisition of clothing and special food required by an injury or illness. Half of the costs for the purchase of equipment, machinery and equipment necessary for the performance of daily activities shall be reimbursed. However, the necessary alterations to the standard instrument, machinery or equipment shall be completely replaced.

The municipality shall reimburse the disabled person for the alterations to the dwelling and the reasonable cost of acquiring the equipment and equipment in the apartment, if he/she may need them on account of his disability or illness. Measures to cope with normal life activities. However, the municipality does not have a special obligation to reimburse costs if adequate care for the difficult person cannot be safeguarded by means of an outward-service provision.

The decree of the Council of State may provide for more detailed provisions on the costs to be accepted and on the factors affecting the determination of the compensation referred to in paragraphs 1 and 2.

ARTICLE 10
Detailed rules

More precise criteria for the receipt of services and support measures are laid down by the Regulation.

Paragraph 2 has been repealed by L 23.12.19981117 .

ARTICLE 11
Investigations

In order to identify the services and support measures required by the person concerned, he or she may be addressed to a doctor or other expert.

ARTICLE 12
Cooperation

In order to promote the conditions of persons with disabilities, the municipality shall cooperate with the various authorities, institutions, organisations with disabilities and other entities closely linked to the living conditions of persons with disabilities.

ARTICLE 13 (10/04/2013)
Disability Council

The council's disability council is governed by municipal law (410/2015) § 28 .

The National Disability Council is specifically regulated.

ARTICLE 14 (3.8.199.743)
Charges for services

Services under this Act may be charged in the form of a bill on customer charges for social and health care (1999) Provides.

§ 15
Insurance institution compensation

If the insurance institution is to pay the disabled person compensation for the accident insurance law (20,8/48) , farmers' accident insurance law (1026/80) , the State Office and the Act on Injury Compensation (154/35) , occupational disease (68/87) , military cordless (104/48) , transport insurance (199/59) , patient-injury law (185/86) Or by virtue of an earlier law similar to those referred to in Articles 8 and 9 of this Law, the municipality has provided him with the services or support measures referred to in Articles 8 and 9; As an insurance institution would have paid compensation to a disabled person if the municipality did not provide this service or support. On the municipality's right to compensation for rehabilitation under the Law on Rehabilitation (1025/91) And the Law on Rehabilitation and Rehabilitation (2006) Is provided for separately. (3.8.199.743)

If the statement referred to in paragraph 1 has become available to the payee at such a late hour that the compensation under the rest of the law has already been paid to the disabled person, the municipality shall have the right to recover the amount corresponding to that compensation from the disabled person. The recovery of compensation shall apply mutatis mutandis, as provided for in Articles 36 and 37 of the Social Welfare Act.

L for the accident compensation of the State Office and the Office 154/1935 Has been repealed by L 449/1990 , see From 1 January 2016, accidents at work and occupational diseases 42/2015 . Professional desolation 638/1967 Has been repealed by L 1343/1988 , see From 1 January 2016, accidents at work and occupational diseases 42/2015 . From the rehabilitation allowance to be paid under the accident insurance law 625/1991 Has been repealed by L 42/2015 , see From 1 January 2016, accidents at work and occupational diseases 42/2015 .

ARTICLE 16
Separate funding

Where appropriate, within the limits of the appropriations allocated to the revenue and expenditure of the State, this law may be organised in accordance with this law:

1) adaptation coaching;

(2) rehabilitation treatment; and

3) research and experimentation to improve the status of people with disabilities.

§ 17 (30/04/2013)
Appeals appeal

For the purposes of this Law, the appeal shall be valid for the provisions of the social (1301/2014) chapter 6 And the provisions set out below in this Act.

ARTICLE 18 (22.12.2009)
Appeals against the decision of the Social Board

The decision of the Social Board on the service and financial support provided for in this Act shall be appealed to the administrative court within 30 days of the date of notification of the decision. The appeal may also be made to the Social Board, which, in addition to its own opinion, must forward it to the administrative court.

§ 19 (22.12.2009)
Appeals against the decision of administrative court

In the case of a service under Article 8 (2) or of Article 9 (2) of this Law, the administrative court may appeal against the appeal against the Supreme Administrative Court as In the administrative law; (18/06/1996) Provides. The book of appeal and its annexes may also be referred to the Administrative Court for delivery to the Supreme Administrative Court.

The decision to provide a service or a financial support measure to a person other than that provided for in paragraph 1 under this law shall not be subject to appeal, unless the Supreme Administrative Court: Admit an appeal.

An appeal is sought from the Supreme Administrative Court. The authorisation may be granted only if the appeal is of great importance to the person concerned or, in other similar cases or in other similar cases, or in the interests of equality of case-law, it is important to bring the case to the Supreme Administrative Court. Admissible.

§ 19a (31.1.1995/101)
Output ban

Financial aid pursuant to Article 9 of this Act shall not be foreclosed. Furthermore, there is no instrument, machinery and equipment or any other object that has been granted financial support under Article 9.

§ 20
Mandate authorisation

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

ARTICLE 21
Entry into force

This Act shall enter into force on 1 January 1988.

However, in the case of services other than the interpreting services referred to in Article 8 (2), the law shall apply from 1 January 1992 and from 1 January 1994 in the case of interpretation services. Before the dates referred to in Article 8 (2), the services referred to in Article 8 (2) may be made available to the disabled person.

Before the law enters into force, measures may be taken to implement the law.

§ 22
Repeal provisions

This law repeals the invalidity Act of 30 December 1946. (2006) The subsequent amendments and Article 1 (n) (2) of the invalidity allowance of 14 June 1951, as referred to in the Law of 17 September 1982, (79/82) .

Paragraph 2 has been repealed by L 1.2.2002/69 .

Until 31 December 1989, Article 1 (1) of the invalidity allowance is applicable until 31 December 1989, in the case of invalidity and invalidity benefits provided for by invalidity and in the case of invalidity establishments, Articles 2 to 4, 9, 13, 14, 16, 17, 25a, 25c, 25d, 26 and 27, as they were 14, 25 (a), 25 (c), 25 (d), 26 and 27 of 31 December 1983, and other articles upon entry into force of this Act. (14.7.1989/676)

The invalidity allowance referred to in Article 1 (3) shall continue to apply to Article 2 (1) of the invalidity law, as it was at the time of entry into force of this Act.

ARTICLE 23
Transitional provision

Applications pending before the entry into force of this Act shall be processed and settled in accordance with the provisions in force in the past, unless the processing of the application and the solution as a service or financial contribution under this law are for the disabled The benefit of the person. Where an appeal is brought before the date of entry into force of this Act, the case shall be examined and settled in accordance with the provisions in force.

An application may be processed in accordance with the provisions in force in the past, even where the application was made after the entry into force of this Act, where the costs of the measure were incurred before the entry into force of this Act and the benefits have been applied for Within the period referred to in Article 30 (2) of the invalidity law. (17.6.1988/574)

The decisions adopted under the invalidity Act concerning the period after the entry into force of this Act remain valid. (17.6.1988/574)

HE 219/86, sosvk.miet 40/86, svk.miet 260/86

Entry into force and application of amending acts:

17.6.1988/574:

This Act shall enter into force on 1 July 1988. However, Article 23 (2) shall apply from 1 January 1988.

HE 37/88, sosvk.miet 6/88, svk.miet 67/88

9.12.1988/1071:

This Act shall enter into force on 1 January 1989.

HE 152/88, sosvk.miet 24/88, svg 154/88

14.7.1989/676:

This Act shall enter into force on 1 August 1989.

HE 44/89, sideways. 9/89, svk.M. 91/89

3.8.1992/743:

This Act shall enter into force on 1 January 1993.

Before the entry into force of this Act, measures may be taken to implement the law.

HE 216/91, HaVM 7/92

31.1.1995/10:

This Act shall enter into force on 1 February 1995.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 271/94 , StVM 39/94

23.12.1998/11:

This Act shall enter into force on 1 January 1999.

THEY 246/1998 , StVM 33/1998, EV 222/1998

1.2.2002/69:

This Act shall enter into force on 1 April 2002.

THEY 169/2001 , StVM 38/2001, EV 171/2001

22.12.2006/1267:

This Act shall enter into force on 1 January 2007.

Before the law enters into force, measures may be taken to implement the law.

THEY 166/2006 , StVM 28/2006, EV 140/2006

19.12.2008/981:

This Act shall enter into force on 1 September 2009.

Notwithstanding the provisions of Article 8c (4), personal assistance shall be provided for at least 10 hours per month before 1 January 2011.

Before the law enters into force, measures may be taken to implement the law.

THEY 166/2008 , StVM 32/2008, EV 181/2008

22.12.2009/15:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

29.12.2009/17:

This Act shall enter into force on 1 January 2010.

THEY 174/2009 , HVM 19/2009, EV 223/2009

19.2.2010/13:

This Act shall enter into force on 1 September 2010.

Before the law enters into force, measures may be taken to implement the law.

THEY 220/2009 , StVM 47/2009, EV 217/2009

30.12.2014/1309:

This Act shall enter into force on 1 April 2015.

THEY 164/2014 , StVM 27/2014, EV 195/2014

10.4.2015/4:

This Act shall enter into force on 1 May 2015.

THEY 268/2014 , HVM 55/2014, EV 348/2014