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The Seventh Amendment To Decree-Law No. 43/76, Of 20 January, Establishing Disease Support The Disabled Of The Armed Forces

Original Language Title: Procede à sétima alteração ao Decreto-Lei n.º 43/76, de 20 de Janeiro, estabelecendo o apoio na doença aos deficientes das forças armadas

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People's Party CDS-PP

Parliamentary Group

Assembly of the Republic-Palace of S. Bento-1249-068 Lisbon-Phone: 21391 9233-Fax: 21391 7456 Email: gp_pp@pp. parliamento.pt

Draft Law No. 528 /X

Support for the Disease of the Disabled of the Armed Forces

The Decree-Law No. 43/76 of January 20 enshrined the recognition by the Portuguese State

of the right to reparation that assists Portuguese citizens who have contracted or come to

contracting deficiencies in the fulfillment of military service in high contexts

dangerousness, and measures have been instituted and means for which, by ensuring the

appropriate rehabilitation and assistance, compete for their social integration.

Following the Resolution of the Council of Ministers No. 102/2005 of June 24, which imposed

the convergence of the various public health subsystems with the general scheme of assistance

in the disease to the civil servants of the State, the Decree-Law No. 167/2005 of September 23 came

establish a new and unique legal regime of assistance in the disease to the military of the Forces

Armed, designated by ADM.

The new regime stopped recognizing the specificity of the status of the Disabled of the Forces

Armed (DFA),, aggravating the difficulties experienced by those citizens in particular, in the

domain of medicaid assistance.

The CDS-PP understands that, it is treated equally as situations that are manifestly different,

confusing citizens who have contracted a disability in the service of the Motherland, in the fulfillment of the

military duty, in scenarios of war or others of high dangerousness, with the officials of the

public administration, is not only flagrantly unfair to the DFA, but violates the very

principle of equality.

The DFA have felt, for their specificity, a need for more extended support in the

area of assistance in the disease, which makes it more effective and full of its social integration.

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For the CDS-PP matters to ensure, to the aforementioned citizens, the ressaration of the charges with

health care arising from infirmities, even if not directly related

with the lesions that determined the deficiency, in the part not attended by the subsystem

of health from which they are beneficiaries, for only then the Portuguese state will comply

in full the right to reparation and the integration of these Portuguese citizens, thus

mirroring the consideration that the moral and patriotic values by them represented should merit

of your part.

Thus:

Pursuant to paragraph 1 (d) of Article 197º of the Constitution, the CDS-Popular Party, presents to the

Assembly of the Republic the following Draft Law:

Single article

Amendment to Decree-Law No 43/76 of January 20

It is amended Article 14 of the Decree-Law No. 43/76 of January 20, which is to have the following

wording:

" Article 14.

[...]

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10-The DFA are ressarcated, by the branches of origin of the Armed Forces, of the importances

supported with health care, arising from unrelated infirmities with the

lesions that determined the deficiency, in the part not attended by the health subsystem

of which they are beneficiaries, when:

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a) Health care is provided by Establishments of the Health Service

Military, Establishments of the National Health Service or other entities when

determined by the respective Military Health Service;

b) Health care concerns medicamentassistance.

Palace of S. Bento, May 7, 2008

The Deputies

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