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Law No. 53 Of 1 June 1992 Special Protection Of Handicapped Persons

Original Language Title:  LEGE nr. 53 din 1 iunie 1992 privind protecţia specială a persoanelor handicapate

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LEGE No 53 of 1 June 1992 on the special protection of handicapped persons
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 119 of June 4, 1992



The Romanian Parliament adopts this law + Article 1 (1) Disabled persons, within the meaning of this law, are those persons who, due to sensory, physical or mental impairments, cannot integrate totally or partially, temporarily or permanently, through their own possibilities, in social life and professional, requiring special protection measures. (2) Incadence in a category of handicapped persons requiring special protection is made by certificate issued by the commissions of medical expertise and work capacity recovery from the offices of medical expertise and recovery of the work capacity that operates within the territorial polyclinics, for adults, and by the county diagnostic and triage commissions and the sectors of the city of Bucharest, for children. The rejection of the application for classification in a category of handicapped persons shall be made by certificate issued under the same conditions. (3) Certificates issued under the conditions provided in par. (2) may be challenged, within 30 days from the communication, to the commissions of medical expertise and work capacity recovery operating under the offices of medical expertise and recovery of the county work capacity, respectively of the to the sectors of Bucharest, for adults, and to the county health departments and the city of Bucharest, for children, which are pronounced by decisions. (4) Decisions issued under par. (3) may be appealed according to the Law of Administrative Litigation no. 29/1990 29/1990. + Article 2 The special protection measures provided for in this Law are aimed at preventing, mitigating, removing the professional, economic and social consequences of disability and equalizing the chances by: a) active and early detection of handicapped persons; b) medical assistance and normal or special education of handicapped persons; c) school-professional orientation, qualification, support for employment and social integration of handicapped persons. + Article 3 The special protection of handicapped persons is carried out through institutionalized forms, ensuring the material rights provided by law, and by specific non-institutionalized forms. + Article 4 The access routes to public buildings and places, as well as of the protection and social assistance units will be properly arranged, by adaptation or construction, so that they do not constitute architectural barriers or other obstacles for handicapped persons. + Article 5 Handicapped persons shall be entitled to: a) providing medical assistance by providing free medicines, treatment in health facilities and resorts, prostheses, orthotics, orthopedic appliances, walking devices, equipment and aid-compensatory materials, for those with an average income monthly on a person in lower maintenance than the minimum gross basic salary per country, indexed, as well as free home health care for non-displaced handicapped persons; b) exemption from the payment of customs duties on prosthetics, orthotics, orthopedic appliances, walking devices, equipment and materials aid-compensatory, medicinal products and, once every 8 years, of choice, for mopeds, motorcycles or cars adapted especially for the transport of handicapped persons, as well as for spare parts necessary for their own use; c) exemption from payment of subscription fees for holders of radio devices and televisions assimilable to the degree I of invalidity; this right also benefits families who have such persons in maintenance; d) reducing the cost of admission tickets to shows, museums, artistic and sports events, under the same conditions as those for students, students or military in term; e) priority to the installation of the telephone station and the exemption from payment of installation fees, transfer and telephone subscription, as well as the cost of 50 impulses for the subscription-common to two subscribers and 100 impulses for subscription-line individual, respectively 400 impulses for the blind; f) the gratuity of urban transport by means of public transport for those assimilable to grade I or II of invalidity; gratuity of interurban transport within 12 trips to the country, return per year, of choice, by train second class, with buses or vessels for the river and maritime transport of persons, of units with full state capital for those assimilable to the first degree of invalidity; benefit from these rights and the attendant, when travelling with the handicapped person on the basis of a special ID; people with kidney problems who require hemodialysis in other localities than the domicile benefit from gratuity and above the mentioned limit, depending on the recommendation of the hemodialysis center; those assimilable to the degree II of disability benefit from half of the number interurban established for those assimilable to the first degree of disability. + Article 6 Handicapped persons, protected by non-institutionalized forms, also benefit from: a) free and equal access to any ordinary educational institution, day courses, evening classes or without frequency, in relation to the functional backlog and the potential recoverer, in compliance with the provisions of the educational legislation; b) home preparation of handicapped children non-displaced, during compulsory education. This possibility benefits, on request, also non-displaced adult handicapped persons, aged up to 30 years. The school preparation at home of handicapped persons will be ensured under the conditions and according to the norms established by the Ministry of Education and Science, with the opinion of the State Secretariat for Disabilities and the Ministry of Economy and Finance; c) framing in a salarized activity of handicapped persons qualified by ordinary or special education, in accessible jobs and as close as possible to their domicile, under the law; d) retirement on request for work done, with the reduction of seniority, according to the law; e) priority to the rental, construction and purchase of dwellings from the state fund and the distribution, on request, of apartments at the lower levels of the building; f) the granting of an additional room, at the state property dwellings, upon request, to the handicapped persons classified in the first degree of invalidity, as well as to the families who have in maintenance a handicapped minor; g) the granting of loans for the purchase or construction of housing, under the most favorable conditions provided by law; h) priority to the purchase of durable household items, as well as adapted vehicles or which can be adapted for the use or transport of handicapped persons; i) distribution of mopeds and motorcycles adapted to persons with locomotor impairments, according to the criteria established by the Ministry of Health and the State Secretariat for Handicapped; j) additional rest leave, established according to the Law on holiday and other leave of employees; k) prenatal leave starting with the 6th month of pregnancy, granted on request; l) the establishment of the rent for the dwelling from the state housing fund to the minimum tariff provided by law, and for the blind, reduced by 50%. + Article 7 (1) The person who has in care a handicapped child benefits, upon request, from the following rights: a) paid leave for the care of the handicapped child, until his fulfillment of the age of 3 years; b) sick leave for the care of the handicapped child, sick due to intercurrent conditions, as well as for recovery treatments, until the child's fulfillment of the age of 18. (2) The person who has in care, supervision and grants permanent aid to the minor or handicapped adult benefits from: a) a salary at the level of the minimum gross salary, monthly, of social assistance with medium-junior training, for the duration of the disability; b) recognition of the respective period as seniority in the work to be taken into account in retirement for the age limit, according to the registration in the work card carried out by the territorial state inspectorates for handicapped, ending these persons employment contracts under the conditions of the legislation provided for domestic staff, periodically carrying out social surveys. + Article 8 (1) The adult person, unable to work due to disability, benefits from special monthly aid amounting to 50% of the minimum gross basic salary per country, indexed, for the duration of the disability, if he has no other income of his own, except for the pension of follow; those with incomes up to this amount receive the difference up to the level of special aid; for conditions that create irreversible disability, the aid is established for the duration of life. ((2) The non-residents benefit from monthly income in the form of a social pension at the level of the minimum gross basic salary per country, indexed, regardless of age and incomes made from salaries, for the duration of the disability of those assimilable to the first degree of invalidity and 50% of the amount established for them to those assimilable to the degree II of invalidity; blind persons, who aggregate the salary with the pension for the age limit, the I.O.V.R. pension or the pension for the loss of capacity work, can opt for them or for social pension. Blind people who do not carry out salarized activity aggregate the social pension with one of the other pensions established according to the law + Article 9 (1) Disabled children, until the age of 18 years old, dependent on family maintenance, benefit from the state allowance for children in the amounts provided by law, increased by 100%. (2) The state allowance for children also benefits handicapped children whose parents do not fall into the categories provided by law for granting the allowance. + Article 10 The maintenance allowance for handicapped minors, in family placement or entrusted to a family or persons, on the basis of legal provisions, is established at the level of a minimum gross salary per country, for the duration as long as they are not in Complete maintenance of a protection institution. + Article 11 The rights provided for in art. 5 lit. e), art. 6 6, art. 7 7 para. ((2), art. 8 8 para. ((1) and art. 9 of this law cannot benefit the handicapped persons in institutions of social protection, special education, social assistance and medical treatment in which they are provided with complete maintenance from the state. + Article 12 To the money rights granted according to this law, the compensation and indexations are added to the same data and under the same conditions as for the pensions for the age limit. + Article 13 On the date of entry into force of this Law, the "Risk and Accident Fund" shall be established, from the following sources: a) a quota of 1% applied on the salary fund made monthly by autonomous kings, commercial companies, cooperative organizations, foreign economic organizations based in Romania, by the Romanian representations of foreign companies that employ Romanian staff and individuals who use employed work; b) donations of natural and legal persons from the country and abroad, in compliance with the destinations established by the donor; c) a subsidy from the state budget from the budget reserve fund at the disposal of the Government, for the completion of the fund in case, through the sources at lit. a) and b), is not covering. + Article 14 Financial facilities provided for in art. 5 lit. a), c), d), e), f), art. 7 7 para. ((2), art. 8 8 and art. 9 benefiting the handicapped persons, as well as the expenses occasioned by the payment of the rights shall be borne from the Risk and Accident Fund. + Article 15 (1) The risk and accident fund constituted and used for the payment of the rights provided for in this Law is managed by the State Secretariat for Handicapped and has the special funds regime provided by the Law on Public Finances. Availabilities from the own resources of this fund are bearer of interest. (2) The availability of the Risk and Accident Fund, registered at the end of the year, shall be paid to the state budget, within the limit of the grant granted. The amounts remaining after this operation shall be carried over to the following year, with the same destination. + Article 16 (1) The fall into categories of handicapped persons requiring special protection shall be made according to the criteria of clinical diagnosis, functional diagnosis and assessment of the work capacity, developed by the Ministry of Health and the Ministry of Labour and Social protection for grades I, II, and III of disability, for adults, and for children, by the Ministry of Health. (2) Within 90 days from the publication of the law in the Official Gazette of Romania, the Ministry of Health and the Ministry of Labour and Social Protection will develop the list of these criteria. + Article 17 (1) The handicapped persons shall benefit from the financial and monetary rights provided by this Law 90 days after the date of publication in the Official Gazette of Romania. (2) The same date shall be repealed H.C.M. no. 1060 1060 of 15 May 1968 on the granting of gratuities for the transport of pensioners and beneficiaries of social assistance classified in the first degree of invalidity and of blind persons, H.C.M. no. 2466 2466 of 30 December 1969 on the granting of gratuities for the transport of invalids and war injuries classified in the first degree of invalidity or large mutilated, as well as their companions, art. 1 1 para. 1 1, art. 4 4, art. 5 5 and art. 6 of the Romanian Government Decision no. 610 610 of 25 May 1990 on the granting of rights to blind persons and any other provisions to the contrary. This law was adopted by the Senate at the meeting of May 27, 1992, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at the meeting of May 27, 1992, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN ------------------