Key Benefits:
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Parliamentary Group
Draft Law No. 504 /X
Creation of a social protection scheme, under conditions
special, to be ascribe to persons suffering from Disease of
Parkinson's (DP)
Exhibition of reasons
Parkinson's Disease (DP), also known as parkinsonism or
paralysis agitans, was first described in 1817, by the English doctor
James Parkinson. DP is a disease with a high social cost. The
limitation and even the incapacity that are associated with it imply that the
patients become dependent on third parties to accomplish the most basic tasks
of day-to-day, as being the care of hygiene, food or management
current of your dwelling. In addition to needing a follow-up
social, in many permanent cases, these chronically ill need to
continued health care, which can assure them of a greater
longevity and a greater quality of life.
Parkinson's Disease may appear at any age, notwithstanding its
incidence to be aggravated in the elderly over the age of 65. Second data
released by the Parkinson's Association of Doors (APDPK) in 2005,
existed, in Portugal, about 20 thousand people to suffer from DP, estimating
an exponential aggravation of its incidence in the coming decades, both
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due to the increase in longevity of life, such as changing habits
everyday and the influence of other external elements.
The motor system of patients with DP is largely affected, compromising the
body movement, being its main symptoms: tremors, stiffness
(acinesia), slowness in movements (bradykinesia), postural instability and
changes of the march. In addition to the symptoms already stated, they may still occur
another type of secondary manifestations, such as depression, anxiety,
sleep alterations, loss of memory, indistinct discourse, difficulties of
chewing and deglutition, obstipation, loss of vesical control, regulation
abnormal body temperature, increased sudation, sexual dysfunction,
cramps, numbness, formiguers (paresias) and pain in the muscles. No
despite Parkinson's Disease not translating into loss of capacity
intellectual, the patients present a slower thought (bradifrenia).
Living with this type of chronic degenerative disease, irreversible and highly
incapacitating, has a heavy impact on the quality of life of the individual and the
their family members, conditioning, including, the exercise of their active citizenship.
In fact, the citizens carriers of this infirmity encounter problems
multi-dimensional, be they of physical, family, economic, labour,
educational, emotional, social, which translating into your isolation and your
fragilization. As is the case in other chronic diseases, patients with
Parkinson's live, in the generality of cases, situations of disability for the
work, temporary or final, which justify the existence of regimes of
social protection under special conditions allowing them to enjoy pensions
of invalidity and complements by dependance in accordance with the
characteristics of your disease.
At present, there is a situation of manifest inequality, as already
there are schemes that establish a social protection scheme, in
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special conditions, the carriers of certain chronic diseases,
specifically to persons suffering from oncological venue disease, from
multiple sclerosis and familial paramiloidosis and / or are carriers of the virus
VIH or from Sida. It is therefore about eliminating inequality that
characterizes this system, promoting the application of this type of regimes to others
chronic diseases equally irreversible and incapacitating. That was, incidentally, the
meaning of the opinion of the Committee on Work, Social Security and
Public Administration of the Assembly of the Republic, regarding the Petition
No. 219 /X/2ª, of the authorship of the citizen Maria das Dores Barrocas Fortunato, which
solicited the " integration of Parkinson's disease under the framework of the Decree-Law n.
173/2001, of May 31 ".
Thus, under the applicable constitutional and regimental provisions, the
Deputies and the Deputies of the Left Bloc, present the following
draft law:
Article 1.
Subject
The present diploma shall have the purpose of regulating special protection to be awarded to the
people who suffer from Parkinson's Disease (DP), who, by their severity and
evolution, originates, with pronounced rapidity, invalidating situation.
Article 2.
Personal scope
The present diploma covers persons in disability status, originating from
Parkinson's disease (DP), whether they fall into the general regime or in the regime
non-contributory of social security.
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Article 3.
Material scope
The special protection regulated in this diploma respects the following modalities
of benefits:
a) invalidity pension attributable to the beneficiaries of the general scheme;
b) Social disability pension attributable to the beneficiaries of the scheme no
contributor;
c) Completion by dependence attributable to the beneficiaries of any of the
social security schemes
Article 4.
Term of guarantee
The term of guarantee for the allocation of the general scheme's disability pension is to
36 months, followed or interpolated, with record of pay per entrance
of contributions or by equivalent situation.
Article 5.
Calculation of pension
1-The pension amount of the general scheme is equal to 3% of the remuneration of
reference, calculated in the terms of the following number, for each calendar year
relevant for pension calculation purposes, taking into account the limits
set out in Article 6.
2-A average remuneration to be considered results from the following formula: R/42, in
that R represents the total of the remuneration of the three calendar years to which
correspond to the highest remunerations of between the last 15 with
record of remuneration.
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3-The amount of pension of the non-contributory scheme is equal to that of the pension
minimum of the general regime.
Article 6.
Minimum amount
The amount of the pension may not be less than 30% or more than 80% of the
reference remuneration, without prejudice to the value of the guaranteed minimum pension
to the generality of pensioners.
Article 7.
Add-on by dependency
The assignment of the supplement by dependence depends on the person concerned
benefit from pension awarded under this diploma or,
regardless of this, you cannot practice with autonomy the acts
indispensable to the satisfaction of the basic needs of everyday life,
notably those relating to the realization of domestic services, locomotion
and hygiene care, in need of the assistance of others and who find themselves
acamates or present frames of severe dementia.
Article 8.
Start and grant of the add-on by dependence
The start of the add-on by dependance reports to the date of the application
of the pension, if at that time the respective conditions are met
assignment, or, otherwise, the date on which such a situation occurs.
Article 9.
Accumulation of the Dependency Add-on
The supplement for dependency granted under this diploma does not
is accumulative with social security benefits intended at the same end.
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Article 10.
Competence and submission of the application of the Complement by
Dependency
1-A assignment of the supplement by dependence provided for in point (c) of the
article 3 competes:
a) to the National Pension Centre, when the holder of the respective right
for disability pensioner of the general social security scheme;
b) to the regional social security centres, when the holder of the respective
right for disability pensioner of the non-contributory scheme and
assimilated and, well, in the remaining situations.
2-Without prejudice to the provisions of the preceding paragraph, the requirement for
assignment of the add-on by dependence shall be presented in the centre
regional social security.
Article 11.
Procedure for the allocation of benefits
The procedure for the award of benefits shall be instructed, in addition to the
application, with the following documents:
a) Clinical information issued by specialist doctor, in the area of neurology
or psychiatry, evidencing the disease that originates the disability for the
work;
b) Deliberation of the permanent incapacity verification services of
that the applicant is in a position of permanent disability or with
inability of locomotion or in a state of dementia.
c) Declaration, under commitment of honour, of the existence of person who
accompanies the applicant.
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Article 12.
Change of situation
The beneficiary must inform the relevant social security institutions
for the allocation of the provision of all the changes that originate the suspension
or cessation of benefits.
Article 13.
Subsidiary law
In everything that is not specially provided for in this diploma is applicable the
provisions of the general regime and the non-contributory regime, of harmony with the
scheme in which the beneficiary falls.
Article 14.
General Box of Retirements
1-The provisions of the preceding paragraphs, shall apply, with the necessary
adaptations, to the underwriters of the General Box of Retirees enrolled in this
Box as of September 1, 1993.
2-Regarding subscriptors enrolled before September 1, 1993
finding themselves under the conditions laid down in Article 2 of this diploma, the
warranty period set out in Article 37 (2) of the Statute of the
Retiming is reduced to three years.
3-In the calculation of the pensions of the underwriters referred to in the preceding paragraph, the
service time will be increased from 50%, up to the maximum of 36 years of service,
with dispensation of the payment of quotas in respect of this addition.
4-To the underwriters of the General Box of Retirees is awarded by ADSE,
in accordance with the respective scheme, an add-on by dependence, since
that if they check the conditions for allocation set out in Article 11º.
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5-The procedures for the allocation of the comholdings referred to in the number
previous should be instructed, in addition to the application of the person concerned, with
the documents provided for in Article 11.
6-The accompanying allowance and the supplement for dependency granted
under this diploma are not accumulatable with ADSE benefits
intended for the identical end.
Article 15.
Production of effects
The scheme established in this diploma applies:
a) To the required benefits after its entry into force;
b) To the prestational legal relations constituted under legislation
previous to remain in the duration of this diploma, provided that
required by the respective holders.
Article 16.
Entry into force
The present diploma comes into force with the approval of the State Budget
subsequent to their publication.
Assembly of the Republic, April 3, 2008
The Deputies and Deputies of the Left Bloc,