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The Law Interpreting Service For People With Disabilities

Original Language Title: Laki vammaisten henkilöiden tulkkauspalvelusta

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Law interpreting service for persons with disabilities

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

The purpose of this law is to promote the ability of a disabled person to act as an equal member of society.

ARTICLE 2
Scope of law

The law provides for a disabled person resident in Finland to provide interpretation services organised by the Social Insurance Institution.

Whether or not a person should be considered as living in Finland is regulated at home (2013) .

ARTICLE 3
Subsidiarity

A interpretation service under this law will be provided if the disabled person does not receive adequate and suitable interpretation under other law.

However, the interpretation service may be provided where there is a delay in obtaining a service under other law or other legitimate reasons for providing the service.

§ 4
Definitions

For the purposes of this law:

(1) Interpretation The transmission of a message in sign language or by means of a method clarifying communication; transmission of a message may take place between two languages or within a language, when a communication is used to supplement or clarify any communication. The method;

(2) Distance interpretation Interpretation where at least one of the parties is physically at a different place and with other parties in the context of image and voice.

Chapter 2

Right to interpretation service

§ 5
Conditions for interpretation service

The right to interpretation is a person who has a hearing disability, hearing loss or speech disability, and who, because of his disability, needs interpretation for working, studying, dealing, social participation, hobby or recreation. It is also a condition that the person is able to express his or her own will with the help of interpretation and has a working method of communication.

ARTICLE 6
Number of interpretation service

The interpretation service shall be organised in such a way that a person with a hearing disability has access to at least 360 and a minimum of 180 interpretation hours during the calendar year.

The interpretation service shall be organised more than provided for in paragraph 1 if it is justified by the individual needs of the customer.

In addition to the provisions laid down in paragraph 1, the interpretation service relating to education shall be organised to the extent that a person may need it in order to cope with the post-primary studies, which:

(1) lead to an examination or profession;

(2) promote access to vocational education or employment; or

3) support retention or progress in working life.

§ 7
Interpretation for foreign journeys

The person who has been granted access to an interpretation service may also use the service for foreign journeys if the journey involves a person's normal life, study or work.

The application for a non-Finnish interpretation service for a foreign journey must be applied in advance. A service may be provided in part or in whole by remote interpretation where it is possible and justified, taking into account the individual needs of the service user.

The service is organised over a period of two weeks only for a justified reason.

The Social Insurance Institution may, for a justified reason, compensate the service user for the cost of the interpretation service provided by him on the journey itself, provided that other conditions for access to the interpretation service provided for in this Article are met.

§ 8
Remote interpretation

The interpretation service may also be provided as remote interpretation if it is possible and justified, taking into account the individual needs of the service user.

The Social Insurance Institution shall provide the person using a remote interpretation with the necessary equipment and equipment at reasonable prices and shall bear the necessary costs arising from the use of the remote connection.

In addition, remote interpretation is provided by means of equipment and equipment:

(1) determination on the basis of expert reports obtained;

(2) experiment;

3) the teaching and monitoring of use and the organisation of maintenance.

Chapter 3

Implementation

§ 9
Implementation

The Ministry of Social Affairs and Health is responsible for developing interpretation services under this law, which also monitors the implementation of the law.

The implementation of this law is the responsibility of the Social Insurance Institution, which also decides on the organisation of the interpretation service and the costs associated with it.

ARTICLE 10
Organisation of interpretation services

The Social Insurance Institution may organise an interpretation service either by providing the service itself or by acquiring it from other service providers. The Social Insurance Institution shall organise an interpretation service in the most economically advantageous manner, taking into account the individual needs of the customer. In case of a request for interpretation, the service may be organised in such a way that two or more interpreters are available.

The interpretation service shall take into account the wishes of the service user, opinion, interest and individual needs, as well as his mother tongue and cultural background.

Where the National Pensions Service organises an interpretation service on the basis of Article 3 (2), it shall be entitled to charge the cost of the interpretation service it has organised on the basis of the interpretation service.

The responsibility for organising the interpretation service also covers the necessary accompanying costs for the service and the equipment and equipment mentioned in Article 8.

The interpretation service is free of charge to the service user.

ARTICLE 11
Financing of service

The State shall reimburse the National Pensions Office for the costs incurred by it in the interpretation service provided under this Act.

The National Pensions Institution shall, on a monthly basis, five working days before the date of payment of the State advance referred to in paragraph 3, notify the State of the amount which it considers to be the following month's interpretation service. In the case of an assessment, the National Pensions Office shall inform the State of the costs of the provision of the interpretation service which it has paid the previous month.

In order to reimburse the costs referred to in paragraph 1, the State shall pay the Social Fund for the Social Security Fund an advance on the first working day of each month. In addition to the estimate referred to in paragraph 2, in addition to the estimate referred to in paragraph 2, the sum of the costs paid in the previous month of the National Pensions Office and the advances received by the National Pensions Office during the same period.

ARTICLE 12
Operational expenditure

The State shall reimburses the National Pensions Office for the costs of implementing this law. The operating costs arising from the implementation shall be borne by the Social Insurance Fund for the operation of the Social Insurance Institution.

ARTICLE 13
Application of interpretation service and use of voice power

The right to interpretation services under this law is sought in writing from the People's Pensions Office.

If a person is not able to apply for a interpretation service or otherwise to take care of his or her rights and does not have a guardian, the person who was approved by the National Pensions Institution or any other person, who has mainly taken care of him, may In turn, use voice power in the interpretation service case.

In the case of an underage person, the person concerned may be exercised by the child's guardian, guardian, (710/1982) § 6 The institution referred to in paragraph 1 or the person in which the child is actually in treatment. In addition, a child of 15 years of age can exercise the power of speech himself.

ARTICLE 14
Examination of interpretation service conditions

The applicant for the interpretation service shall submit to the National Pensions Office an opinion on the need for a interpretation service and on the quality of the disability service, as well as any other explanation necessary for the quality of the interpretation service. Resolution.

The Social Insurance Institution may also, for a specific reason, itself acquire the opinions and reports referred to in paragraph 1 if it cannot be settled on the basis of a report submitted by the customer.

In order to establish or review the conditions of the interpretation service, the Social Insurance Institute may, for justified reasons, address a person's studies in a social or healthcare professional or a social or health care unit. The costs of the investigation shall be borne by the Social Insurance Institution.

An application for a interpretation service and a reassessment can be determined on the basis of the information available, if the applicant refuses to provide the information necessary to resolve the application or to provide an explanation for which he or she Reasonably may be required. The same shall apply if the applicant does not participate in the studies referred to in paragraph 3.

§ 15
Decision on interpretation service

The National Pensions Office shall issue a written decision on the application and re-evaluation to the applicant. Where appropriate, the Social Insurance Institution shall issue a separate decision on interpretation hours, study departures, interpretation abroad, personal equipment required for remote interpretation, in excess of the minimum number of hours laid down in Article 6. And the necessary costs arising from the use of the remote connection, unless such a solution is included in the above decision.

The decision referred to in paragraph 1 may be taken for an indefinite period or for a fixed period. For specific reasons, a decision on the right to use interpretation services may be made on a temporary basis. The provisional decision shall remain in force until the final decision is taken.

ARTICLE 16
Notification obligation and review of interpretation service decision

The beneficiary shall immediately inform the National Pensions Office of any change in his circumstances which affects his right to a interpretation service. Where changes occur in circumstances affecting access to interpretation services, the National Pensions Institute may reassess the conditions for the interpretation service.

The right to an interpretation service shall cease if the service provider no longer needs interpretation service or if he no longer has a home municipality in Finland.

Chapter 4

Appeals appeal

§ 17
Right of appeal

An appeal against the decision of the National Pensions Office may be appealed against by the appeal to the Board of Appeal of Social Security. Appeal against the decision of the Social Security Appeals Board may appeal against the right of appeal. The decision to appeal shall not be appealed against.

The decision of the Social Insurance Institution shall, in spite of the appeal, be complied with until a decision has been taken by a final decision. The interim decision of the National Pensions Office shall not be subject to appeal.

ARTICLE 18
Time of appeal and delay of the complaint

The letter of appeal shall be submitted to the National Pensions Office within 30 days of receipt of the decision by the appellant. Unless otherwise displayed, the appellant shall be deemed to have been informed on the seventh day following the date on which the decision was posted to the address indicated by the appellant.

The decision of the National Pensions Office and the Board of Appeal of the Social Security Board shall be communicated by mail to the addressee by letter to the addressee.

Although the appeal to the Appeals Board or the Code of Insurance has arrived after the prescribed time limit, the appeal may be admissible if there have been compelling reasons for the delay.

§ 19
Self-adjustment

If the Social Insurance Institution fully accepts the requirements of the complaint submitted to it, it shall issue a decision on the matter. An appeal shall be lodged against the decision of the amendment as provided for in Articles 17 and 18.

If the Social Insurance Institution cannot rectify the contested decision as mentioned in paragraph 1, it shall, within 30 days of the end of the period of appeal, forward the appeal and its opinion to the appeal body concerned. In such a case, the Social Insurance Institution may, by way of a temporary decision, correct its previous decision in so far as it accepts the claim made in the complaint. If the appeal has already been lodged with the appeal body, the provisional decision shall be notified to it without delay. The interim decision shall not be subject to appeal.

The period referred to in paragraph 2 may be waived if the request for further clarification as a result of the complaint is required. In that case, the applicant shall be informed without delay. However, the statement of appeal and the opinion shall always be submitted to the appeal body concerned within 60 days of the end of the appeal.

§ 20
Correction of a mistake

Where the decision of the People's Pensions Office is based on a manifest error or lack of clarity or a procedural defect in the application of a manifest error of law or a decision, the Social Insurance Institution may withdraw its incorrect decision and Resolve the case.

The decision may be rectified to the benefit or to the detriment of the party. The correction of the decision to the detriment of the party shall be subject to the agreement of the party concerned.

ARTICLE 21
Correction of a legal decision

Where a new report is found in a case involving the organisation of an interpretation service or an instrument and equipment referred to in Article 8, or the replacement of the costs or the increase in the number of interpretation services granted, the National Pensions Office shall: Re-examine the case. Without prejudice to an earlier decision, the Social Insurance Institution may grant a refused interpretation service or an instrument and equipment, or replace the necessary costs incurred in connection with the use of a remote connection or grant an interpretation service Larger. Similarly, the Appeals Board for Social Security and the right of insurance may proceed accordingly when dealing with the appeal. An appeal shall be made to the decision as provided for in Articles 17 and 18.

§ 22
Decommissioning

If the final decision of the National Pensions Office is based on an incorrect or incomplete statement or appears to be contrary to the law, the Board of Appeal of the Social Security Board may, at the request of the interested party or the People's Pensions Office, remove And shall refer the matter to the Court again. The Social Security Review Board shall provide the parties with the opportunity to be heard before a decision is taken. The decision of the Board of Appeal shall not be appealed against. (17/06/2015)

Where the final decision of the Appeals Board of Social Security or the Law of Insurance is based on an incorrect or incomplete statement or appears to be contrary to the law, the right of the right to insurance may be requested by the party or the People's Pensions Office Withdraw the decision and refer the matter to the Court again. The right of insurance shall be reserved for the parties to be heard before a decision is taken.

The removal of the decision shall be submitted within five years from the date on which the decision was taken. For particularly weighty reasons, the decision may be deleted from the application made after the deadline.

The consultation referred to in paragraphs 1 and 2 shall be forwarded for information to the administrative law (2003) Article 59 provides. (17/06/2015)

Chapter 5

Information and disclosure

ARTICLE 23
Right to information

Without prejudice to confidentiality rules and other information on access to information, the National Pensions Office and the Appellate Body in accordance with this Act shall be entitled to receive, free of charge, the information necessary for the fulfilment of the tasks laid down in this Act To implement:

(1) from the State and the municipality and from any other body governed by public law;

(2) the provision of interpretation services from the service provider carrying out the contract with the National Pensions Office;

(3) the institution or the training provider;

4) from the employer;

(5) from the insurance institution and from other contributors to the interpretation;

6) From the Medical Insurance Centre and the Motor Insurance Centre.

In addition to the provisions of paragraph 1, the National Pensions Office and the Appellate Body under this Act shall be entitled, without prejudice to the provisions of confidentiality and other restrictions on access to information, to obtain, upon request, a solution to the interpretation services Of the Law on medical professionals and other health professionals (559/1994) And the law on the status and rights of the patient (785/1992) The health care unit referred to in paragraph 4, the social service provider and the other activity unit, and the necessary information on the need for interpretation of the applicant and the means of communication used by him. For the purposes of resolving the issue of interpretation services, the National Pensions Office and the Appellate Body in accordance with this Act shall have the right to receive, upon request, the information referred to above if the applicant does not provide them themselves.

In addition to the foregoing, the service provider of the interpretation service and the service provider for interpretation services shall be obliged, without prejudice to the provisions of confidentiality and other restrictions on access to information, To provide the National Pensions Office with the information necessary for the organisation of the interpretation service provided for in this Act and for monitoring and evaluating the quality of its implementation.

§ 24
Right to data transmission

The National Pensions Office is entitled, in addition to the law of the public authorities, (18/09/1999) , notwithstanding the provisions on confidentiality and access to other information, shall:

(1) On the basis of an agreement concluded with the National Pensions Office, information on interpretation service decisions and other information received for the performance of the interpretation service provided for by this Act shall be provided to the service provider As information is necessary for the interpretation of the interpretation service;

(2) the information received by the interpreting service provider for the purpose of managing an interpretation service in accordance with this Act, in so far as the information is necessary for the purposes of interpreting and ensuring quality;

(3) at the request of the educational establishment or the training provider, information on the interpretation service decision under this law and on the means of communication used by the person, where such information is necessary for the purposes of training or the interpretation thereof;

(4) at the request of the pension and insurance institution, information on a interpretation service decision under this law if the information is necessary for the provision of interpretation or for the purpose of ascertaining the liability;

(5) to the court, the police and other interpretive authorities, on the basis of a provision of the law, to provide, upon request, information on the means of communication and the appropriate service providers to communicate to him, if the information is: Necessary to provide interpretation or to ensure its quality;

(6) aids for services and support measures to be organised on the basis of disability (380/1987) Or health care law (1326/2010) , at the request of the organising municipal social or health authority, information on facilities and equipment for the remote interpretation of the National Pensions Office; (30.12.2010/1330)

(7) Information on the health status, disease and means of communication of the person to be sent to the social and health care experts referred to in Article 14.

ARTICLE 25
Use of information obtained for other benefit

The National Pensions Office shall have the right to use interpretation services in an individual case in order to deal with the other benefits provided to it for the management of the benefits provided for, if it is apparent that they affect the provision of interpretation services and the information is: The law must take into account decision-making and the National Pensions Office would have the right to obtain information under this law.

§ 26
Technical connection

In addition to the provisions of Article 29 (3) of the Law on the Activities of the Authorities, the National Pensions Office is entitled, under the conditions laid down in that paragraph, to open a technical service to the confidential Information which it is entitled under Article 24 (1), (2) and (6) of this Act to the recipients of the information referred to in those paragraphs.

For the purposes of Article 23 (1) (1) and (2) and (3), the provisions of Article 23 (1) and (3) of the Act concerning the opening of a technical service and the transmission of information by means of a technical service shall also apply to: Confidential information.

The technical service opened on the basis of this section shall also be used to retrieve confidential information without the consent of which the obligation of professional secrecy has been laid down.

§ 27
Notification obligation

The National Pensions Office shall provide the applicant for interpretation services in advance, in the most appropriate manner, with information on where the information may be acquired and where it can be properly disclosed.

Chapter 6

Entry into force

ARTICLE 28
Entry into force

This Act shall enter into force on 1 September 2010.

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

§ 29
Transitional provisions concerning interpretation services

If, immediately before the entry into force of this Act, a person is entitled to a interpretation service under the law on services and support measures to be organised on the grounds of disability, the application of the institution of the National Pensions Office shall be amended as a right To the interpretation service. The right of access to the interpretation service shall continue on the basis of the criteria in force at the time of entry into force of the law, until the review or suspension of Article 16 of this Act.

ARTICLE 30
Other transitional provisions

Upon entry into force of this Act, an appeal against a pending application, reassessment and order of interpretation and before the entry into force of the law shall apply to the provisions in force at the time of entry into force of this Act. However, the municipality shall be responsible for organising the interpretation service only if the interpretation takes place no later than 31 December 2010. Interpretation from the first day of September and 31 December 2010 to the service provider shall be provided by the Social Insurance Institution.

The municipality shall inform the National Pensions Office of the interpretation service decisions taken after the transfer of customer information concerning the interpretation service and the decisions taken on appeal cases. The municipality shall inform the National Pensions Office after the entry into force of the law of the interpretation service which it has established and of the compensation agreed with the provider and the reasons for it.

The municipality shall keep records of the interpretation service 10 years after the entry into force of the law.

ARTICLE 31
Implementing provision

Where reference is made to the provisions of the Act on the provision of services for services and support measures to be organised on the grounds of disability, the reference shall be deemed to be equivalent to those of this law. , subject to this law.

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

Entry into force and application of amending acts:

30.12.2010/1330:

This Act shall enter into force on 1 May 2011.

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

THEY 90/2010 , StVM 40/2010, EV 244/2010

17 JUNE 2011/693:

This Act shall enter into force on 1 July 2011.

Upon the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply to matters relating to the removal of a legal decision pending before the Court of Appeal.

THEY 274/2010 , StVM 51/2010, EV 300/2010