Advanced Search

Approves The Special Protection Regime On Disability

Original Language Title: Aprova o regime especial de protecção na invalidez

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

1

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

2

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

3

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.

4

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.

5

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.

6

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.

7

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.

8

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,