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

Read the untranslated law here:

1 Group Bill No. 504/X creation of a social protection scheme, in special conditions, to be allocated to people who suffer from Parkinson's disease (PD) explanatory memorandum to Parkinson's disease (PD), also known as paralysis agitans or Parkinsonism, was first described in 1817, English physician James Parkinson. The DP is a disease with a high social cost. The limitation and even the inability that you are associated with mean that patients become dependent on third parties to perform the most basic tasks of everyday life, as the hygiene, the food or the day-to-day management of your housing. In addition to need social support, in many cases permanent, these chronically ill patients in need of long-term care, which can ensure greater longevity and a higher quality of life.

Parkinson's disease can appear at any age, regardless of your impact be aggravated in the elderly with more than 65 years. According to figures released by the Association of Parkinson's (APDPK), in 2005, there were, in Portugal, about 20000 people suffering of DP, estimated an exponential increase your impact in the coming decades, both 2 due to increased longevity of life, how to change the daily habits and the impact of other external elements.

The motor system of the patients with DP is largely affected by the body movement, being its main symptoms: tremor, stiffness (acinésia), slow movements (bradicinésia), postural instability and gait changes. In addition to the symptoms already listed can still occur another kind of SideShow, such as depression, anxiety, sleep changes, memory loss, blurred speech, chewing and swallowing difficulties, constipation, loss of bladder control, abnormal regulation of body temperature, increased sweating, sexual dysfunction, cramps, numbness, tingling (paresthesia) and myalgia. Despite Parkinson's disease does not result in the loss of intellectual capacity, patients have a slower thinking (bradifrenia).

Living with this chronic degenerative disease type, irreversible and highly disabling, has a heavy impact on the quality of life of individuals and their families, making even the exercise of your active citizenship. In fact, the citizens of this disease carriers are faced with multidimensional problems, be they of origin, family, economic, physical, educational, emotional, social, that translate in your isolation and on your embrittlement. As in other chronic diseases, Parkinson's patients live, in most cases, situations of incapacity for work, temporary or definitive, justifying the existence of social protection schemes in special conditions to enable them to take advantage of invalidity pensions and Add-ons for dependency in accordance with the characteristics of your disease.

Currently, there is a situation of manifest inequality, since there are regimes which establish a scheme of social protection, in 3 special conditions, the holders of certain chronic diseases, in particular to persons who suffer from oncological Forum disease, multiple sclerosis and family and/or Amyloidosis are carriers of the HIV virus or Aids. It is, therefore, to eliminate the inequality that characterizes this system, promoting the application of this kind of schemes to other chronic diseases also irreversible and disabling. This was, in fact, the meaning of the opinion of the Committee of labor, Social Security and Public Administration of the Assembly of the Republic, concerning the Petition No. 219/X/second, by varinder Baroque citizen Fortunato, which requested the ' integration of Parkinson's disease under the Decree-Law No. 173/2001, of 31 May '.

Thus, under the constitutional provisions and regulations applicable, the female members and members of left-wing Block, present the following draft law: Article 1 subject-matter this decree-law is to regulate the special protection to be granted to people suffering from Parkinson's disease (PD), which, by your severity and evolution, stems, with sharp speed, situation invalidante. Article 2 personal Scope the present law covers people in situation of disability, caused by Parkinson's disease (PD), wants to fit in the General system either in the non-contributory social security scheme. 4 Article 3 material scope special protection is regulated in this Decree concerning the following modalities of benefits: a) invalidity pension attributable to the beneficiaries of the general scheme; b) invalidity social pension attributable to the recipients of the non-contributory scheme; c) Add-on for dependency attributable to beneficiaries of any social security schemes article 4 warranty period the warranty period for the award of invalidity pension under the general scheme is of 36 months, followed or interpolated, with salaries for entry of contributions or by equivalent situation. Article 5 calculation of the pension 1-the amount of the pension under the general scheme is equal to 3% of the reference remuneration, calculated in terms of the next number, for each calendar year is relevant for the purposes of pension calculation, taking into account the limits laid down in article 6. 2-average compensation to consider results from the following formula: R/42, where R represents the total of the salaries of three calendar years to match the higher returns of the last 15 with record pay. 5

3-the amount of the non-contributory scheme is equal to the minimum pension under the general scheme. Article 6 minimum amount the amount of the pension shall not be less than 30% and not more than 80% of the reference remuneration, without prejudice to the value of the minimum guaranteed pension to most pensioners. Article 7 Add-on for the award of the dependency supplement on addiction depends on the person concerned benefit from pension granted under this decree-law or, regardless, cannot practice with the autonomy necessary acts to the satisfaction of the basic needs of daily life, particularly those relating to the implementation of domestic services, transportation and hygiene care, in need of the assistance of others and who are bedridden or present pictures of severe dementia. Article 8 initiation and granting of the add-on for the beginning of the dependency supplement for dependence relates to the date of application of the pension, if, at that time, the conditions are met, assignment or otherwise, the date on which such a situation to occur. Article 9 Accumulation of the dependency Supplement the add-on for dependency granted under this diploma is not accumulable with social security benefits intended for the same purpose. 6 article 10 Jurisdiction and presentation of the application of Add-on for Dependency 1-the role of the dependency supplement provided for in article 3 (c)) shall: a) the National Centre for pensions, when the holder of the relevant right is invalidity pensioner of the general social security regime; b) regional social security centres, where the holder of the relevant right is invalidity pensioner of the non-contributory scheme and similar, as well as in other situations. 2-Notwithstanding the preceding paragraph, the application for the award of the add-on for dependency should be presented in the regional centre of social security. Article 11 the assignment of benefits Process the process of assignment of benefits must be instructed, in addition to the application, with the following documents: a) clinical information issued by a doctor specializing in the field of Neurology or Psychiatry, proving the disease that leads to incapacity for work; (b)) the permanent disability verification services that the applicant is in a situation of permanent disability or inability to walk or in a State of dementia. c) Declaration, under rules of engagement, the existence of person accompanying the applicant. 7 article 12 situation change the beneficiary must inform the competent social security institutions for the provision of all changes giving rise to the suspension or termination of benefits. Article 13 supplementary law In everything that is not specifically provided for in this Decree shall apply the provisions of the general regime and the non-contributory scheme, in accordance with the scheme in which the beneficiary is. Article 14 Caixa Geral de Aposentações 1-the preceding paragraphs, shall apply, mutatis mutandis, to the subscribers of the Caixa Geral de Aposentações entered in this box from 1 September 1993. 2-as regards subscribers enrolled before 1 September 1993 are subject to the conditions laid down in article 2 of this decree-law, the warranty period set out in paragraph 2 of article 37 of the Statute of the retirement pension is reduced to three years. 3-in the calculation of the pensions of subscribers referred to in the preceding paragraph, the length of service will be increased by 50%, up to a maximum of 36 years of service, with remission of quotas for this addition. 4-to subscribers of the Caixa Geral de Aposentações is assigned by the GYM according to their scheme, an add-on for dependency, since if the conditions of assignment set out in article 11. 8 5-assignment processes the contributions referred to in the preceding paragraph shall be instructed, in addition to the request of the person concerned, with the documents provided for in article 11. 6-the date allowance and the add-on for dependency granted under this diploma are not cumulative with GYM benefits aimed at the identical order. Article 15 effect the regime established in this decree-law shall apply to: a) to benefits required after your entry into force; b) legal relations features constituted under previous legislation which remain in the present law, as long as required by their respective holders. Article 16 entry into force the present law shall enter into force with the approval of the budget of State subsequent to your publication.

Assembly of the Republic, 03 April 2008 The Members and members of left-wing Block