LEGE no. 17 17 of 6 March 2000 (** republished) (* updated *) on the social assistance of older people * *) ((updated until 30 June 2016 *)
ISSUER
PARLIAMENT
---------- Note ... ---------- ** **) Republicated pursuant to the provisions art. II of Law no. 281/2006 to amend and supplement Law no. 17/2000 on the social assistance of elderly persons, published in the Official Gazette of Romania, Part I, no. 600 600 of 11 July 2006. Law no. 17/2000 was published in the Official Gazette of Romania, Part I, no. 104 104 of 9 March 2000. ---------- + Chapter I General provisions + Article 1 (1) Elderly persons have the right to social assistance, according to the provisions of this law, in relation to the socio-medical situation and the economic resources available to them. ... (2) The social assistance measures provided for by this Law are complementary to those regulated by the social security system. ... (3) Older persons who benefit from social assistance are also entitled to other forms of social protection, under the law. ... (4) They are considered elderly persons, for the purposes of this law, persons who have reached the retirement age established by law. ... + Article 2 Social assistance for older people is achieved through social services and benefits. + Article 3 Benefit from the provisions of this law the elderly person, defined in art. 1 1 para. ((4), which is found in one of the following situations: a) has no family or is not in the maintenance of a person or persons obliged to it, according to the legal provisions in force; ... b) it has no dwelling or the possibility to provide its living conditions on the basis of its own resources; ... c) do not make their own income or they are not sufficient to provide the necessary care; ... d) cannot be used alone or require specialized care; ... e) is unable to provide sociomedical needs, due to illness or physical or mental state. ... + Chapter II Services and social benefits + Section 1 Assessing the situation of older people requiring social assistance + Article 4 The needs of older people are assessed by the social survey that is elaborated on the basis of data on conditions requiring special care, the ability to manage and meet the natural requirements of daily life, the conditions living, as well as actual or potential incomes considered minimal to ensure the satisfaction of the current needs of life. + Article 5 The needs of elderly people in the situation of total or partial loss of autonomy, which can be of a medical, sociomedical, psychoaffective nature, are established on the basis of the national grid for the assessment of the needs of elderly people, which provides the criteria for framing in degrees of dependence. + Article 6 (1) The national grid for the assessment of the needs of the elderly is approved by Government decision, at the proposal of the Ministry of Labour, Family and Social Protection * *) and the Ministry of Health * *). ... Note ... ---------- *) The national grid for assessing the needs of elderly people was approved by Government Decision no. 886/2000 , published in the Official Gazette of Romania, Part I, no. 507 507 of 16 October 2000. ---------- (2) The national grid for the assessment of the needs of the elderly can be reviewed annually and, on a mandatory basis, every 3 years. ... + Section 2 Community services for older people + Article 7 (1) Community services for elderly persons who are found in the situations referred to in art. 3 shall be carried out with their consent and shall consider: ... a) temporary or permanent care at home; ... b) temporary or permanent care in a home for elderly people; ... c) care in day care centers, clubs for the elderly, temporary care homes, apartments and social housing, as well as the like. ... (2) If the health of the elderly person does not allow his consent to be obtained, for the provision of care provided in par. (1) the decision shall be taken by the social service of the local council or by the social assistance department within the departments of work, social solidarity and county family and of the city of Bucharest, based on the social survey and medical recommendations made by the family doctor, by consulting and the specialist doctor, with the acceptance of the first degree relatives of the person or, in their absence, with the acceptance of another family member. ... (3) In the event of the death of the elderly person deprived of legal supporters or when they cannot meet their family obligations due to the state of health or the poor economic situation, the community services provide the funeral. ... + Article 8 Community services provided to elderly people at home are: a) social services regarding, mainly, the care of the person, the prevention of social marginalization and support for social reintegration, legal and administrative advice, support for the payment of current services and obligations, care dwelling and household, aid for housekeeping, preparation of food; ... b) socio-medical services regarding, mainly, the aid for the realization of personal hygiene, the readability of physical and mental capacities, the adaptation of the dwelling to the needs of the elderly person and the training to economic, social and cultural activities, as well as temporary care in day care centers, night nursing homes or other specialized centers; ... c) medical services, in the form of medical consultations and care at home or in health institutions, consultations and dental care, administration of medicines, the provision of sanitary materials and medical devices. ... + Article 9 (1) Community advisory services, with a view to preventing social exclusion and social reintegration, shall ensure that no contribution is paid, as a fundamental right of older persons, by social workers. ... (2) The services provided in art. 8 lit. a) and b) ensure without payment of the contribution of elderly people who, assessed according to the national grid for the assessment of the needs of elderly people, have no income. ... ---------- Alin. ((2) of art. 9 9 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Article 10 Elderly people who fall into the national grid for the assessment of the needs of elderly people, entitled to benefit from the services provided in art. 8 lit. a) and b) and who make income, benefit from services with the payment of a contribution, depending on the type of services granted and the income of the person, without exceeding their cost calculated for that period. The types of services and their cost are established by the local public administration authorities, in compliance with the law. ---------- Article 10 has been amended by section 10. 2 2 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Article 11 Medical services provided in art. 8 lit. c) are granted under the statutory health insurance regulations. + Article 12 (1) Organization of the services provided in art. 8 lit. a) and b) return to local public administration authorities, through public social assistance services directly or on the basis of partnership agreements and social service contracts concluded with other public or private providers of services social that hold the operating license for home care services. ... (2) In application of the provisions ((1) and provisions art. 119 119 para. ((1) of the Social Assistance Law no. 292/2011 , as amended, the local public administration authorities, through the public social assistance service and the contracting department, consider the following: ... a) the annual estimate of the number of elderly dependents who require support for the basic activities of daily life; ... b) estimation of the number of elderly people who do not receive help in carrying out the instrumental activities of daily life from informal carers and volunteers; ... c) development of cost/benefit efficiency indicators. ... ---------- Article 12 has been amended by section 4.2. 3 3 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Article 13 (1) In order to ensure the home care of the elderly person in the situation of sociomedical dependence, established according to the national grid for the assessment of the needs of the elderly, local councils can hire care staff by payment by hour, fractions of norm or full time, depending on the period of care required to be granted and in compliance with the criteria provided by the quality standards applicable in the field, according to the legislation in force. ... ----------- Alin. ((1) of art. 13 13 has been amended by section 1 1 of art. IX of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. (2) Husband and relatives who have an elderly dependent person in care can benefit from reduced monthly working hours, part time, with the support of salary rights for the other half of the norm in the local budget, corresponding monthly gross salary of the caregiver at home, according to Framework Law no. 284/2010 on the unitary pay of the staff paid from public funds, with subsequent amendments and completions. The time that the husband and relatives were framed in these conditions is considered, when calculating seniority in work, time worked full time. ... ---------- Alin. ((2) of art. 13 13 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. ((3) Abrogat. ... ----------- Alin. ((3) of art. 13 13 has been repealed by section 6.6. 2 2 of art. IX of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. + Article 14 Community services provided to elderly people in hostels are: a) social services, consisting of: ... -aid for housekeeping; -legal and administrative advice; -ways to prevent social marginalization and social reintegration in relation to psychoaffective capacity; b) socio-medical services, consisting of: ... -aid to maintain or restore physical or intellectual capacity; -the provision of ergotherapy programs; -support for the realization of body hygiene; c) medical services, consisting of: ... -consultations and treatments at the medical office, in profile medical institutions or at the person's bed, if it is immobilized; -care services-infirmary; -providing medicines; -insurance with medical devices; -consultations and dental care. + Article 15 At the request of non-governmental organizations, retirement organizations or cult units recognized in Romania, dormitories can provide some services provided in art. 14, the care of elderly people at home, based on conventions concluded with the financier. + Article 16 (1) The care of elderly people in hostels is a measure of social assistance and can be ordered as an exception for people who are found in one of the situations provided in art. 3. ... (2) The access of an elderly person to the home shall be given the following priority criteria: ... a) require special permanent medical care, which cannot be provided at home; ... b) cannot be householders alone; ... c) it is free of legal supporters or they cannot fulfill their obligations due to the state of health or economic situation and family tasks; ... d) has no home and does not realize its own income. ... + Article 17 The social and sociomedical activities provided for in this Law shall be monitored and evaluated by the specialist staff within the own apparatus of the local councils and the departments of work, social solidarity and the county family and the Bucharest. + Section 3 Organization and operation of homes for elderly people + Article 18 (1) The home for elderly persons is the institution of social assistance with legal personality, established, organized and financed according to the provisions of this law, in order to ensure indefinite care services, in residential system. ... ---------- Alin. ((1) of art. 18 18 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. ((2) The dormitories ensure proper conditions of hosting and food, medical care, recovery and readjustment, ergotherapy and leisure activities, social and psychological assistance. ... (3) Retirement homes, retirement homes and dormitories for chronically ill old people, existing on the date of entry into force of this law or which will be subsequently put into use, will operate in the form of homes for persons Elderly, with wards for: ... a) dependents; ... b) semidependent persons; ... c) persons who are not dependent. ... (4) For the proper functioning of homes for elderly people the directions of work, social solidarity and county family and the city of Bucharest will ensure the methodological guidance and coordination of the necessary specialized activity. ... (5) The operating expenses of the home for elderly persons shall be ensured in compliance with the principle of subsidiarity, in the following order: ... a) of their own income, collected from contributions of the elderly and/or, as the case may be, of their legal supporters; ... b) from amounts allocated from local budgets of administrative-territorial units/subdivisions; ... c) from the state budget-in addition to the amount provided in lett. a) and b), from amounts broken down from the value added tax, not more than 10% of the needs established annually by the Ministry of Labour, Family, Social Protection and Elderly, in the elaboration of the state budget, based on the standards minimum cost approved by Government decision, under the legal conditions. *) ... ---------- Alin. ((5) of art. 18 18 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. (6) Amounts allocated according to the provisions of para. ((5) lit. c), distributed by county to the proposal of the Ministry of Labor, Family, Social Protection and Elderly, is approved distinctly by the annex to the state budget law and is assigned to administrative-territorial units by decision of the director of the regional general directorate of public finances/head of the county administration of public finances, at the proposal of the county agency for payments and social inspection, respectively of the city of Bucharest local public administration authorities. ... ---------- Alin. ((6) of art. 18 18 has been introduced by section 6 6 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Article 19 The main objectives of a home are: a) to ensure the elderly cared for maximum possible autonomy and safety; ... b) provide conditions of care that respect the identity, integrity and dignity of the elderly person; ... c) to allow the physical and intellectual capacities of older persons to be maintained or improved; ... d) to stimulate the participation of elderly people in social life; ... e) facilitate and encourage people-to-people links, including the families of older people; ... f) to ensure the necessary supervision and medical care, according to the regulations on health insurance; ... g) to prevent and treat the consequences related to the aging process. ... + Chapter III Financing of social assistance for older people + Section 1 Financing from budgetary funds + Article 20 The financing of social assistance services and the benefits provided by this law shall be ensured on the principle of division of responsibility between the central and local public administration. + Article 21 (1) Funds shall be allocated from the state budget for: ... a) the financing of social assistance activities carried out by Romanian associations and foundations with legal personality, as well as by cult units recognized in Romania; ... b) capital investment and repair expenses for social assistance units in disadvantaged areas; ... c) financing of current expenses of homes for elderly persons, according to the provisions of art. 18 18 para. ((5) lit. c); ... ---------- Lit. c) a par. ((1) of art. 21 21 has been amended by section 4.2 7 7 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. c ^ 1) funding of programmes of national interest for the development and sustainability of social services for older people. ---------- Lit. c ^ 1) a par. ((1) of art. 21 21 was introduced by section 4.2. 8 8 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. d) other expenses established by the annual budgetary laws. ... (2) From the local budget, funds are allocated to: ... a) amounts allocated in addition to the own income of the dormitories provided in art. 18 18 para. ((5) lit. a); ... ---------- Lit. a) a par. ((2) of art. 21 21 has been amended by section 4.2 9 9 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. a ^ 1) the financing of the capital expenditures of the subordinated dormitories and for the provision of the local component to the projects benefiting from non-reimbursable external funds, implemented by them; ---------- Lit. a ^ 1) a par. ((2) of art. 21 21 was introduced by section 4.2. 10 10 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. b) financing the social assistance activity of Romanian associations and foundations with legal personality, as well as of the cult units recognized in Romania; ... c) financing of expenses for the organization and functioning of community social assistance services, as well as for home care under the conditions of art. 13 13; ... d) expenses for the funeral of the assistants, in the situation referred to in 7 7 para. ((3). ... ((3) Sponsorizations and donations in money or in kind, made by Romanian and foreign natural and legal persons for elderly persons or other institutions and social assistance units provided in art. 7 7 para. ((1) lit. c) is used in compliance with provisions Law no. 273/2006 on local public finances, with subsequent amendments and completions. ... ---------- Alin. ((3) of art. 21 21 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Article 22 Investments for the construction, endowment, maintenance, modernization, as well as expenses for the operation of dormitories serving several administrative-territorial units shall be financed according to the conventions concluded between the financier and Local stakeholders. + Article 23 ((1) The expenses for medical services, sanitary materials, medical devices and medicines shall be borne from the funds and under the conditions provided by the regulations on health insurance. ... (2) The expenses that are not borne by the health insurance funds, under the law, are provided by the home for elderly persons, through which the assistance of the person concerned is carried out. ... + Section 2 The contribution of the elderly or their legal supporters + Article 24 (1) Elderly persons who have their own income and are cared for in hostels organized according to this law, as well as their legal supporters have the obligation to pay monthly a maintenance contribution, established on the basis of the cost Average monthly maintenance. ... (2) Elderly persons who have no income nor legal supporters do not owe the maintenance contribution, which is ensured from the local or county budgets, as the case may be, within the limit decided by them. ... ((3) Abrogat. ... ---------- Alin. ((3) of art. 24 24 has been repealed by section 6.6. 12 12 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Article 25 (1) The average monthly maintenance cost shall be established annually by the local and/or county councils, as the case may be, before the adoption of their budgets. ... (2) The average monthly maintenance cost is determined according to the degree of dependency of the elderly person concerned and takes into account the totality of the annual current expenses of the home for elderly persons, reduced by the amounts received from The single national health insurance fund, to fund the personnel rights of medical staff and medicines. ... ---------- Alin. ((2) of art. 25 25 has been amended by section 13 13 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. ((3) Abrogat. ... ---------- Alin. ((3) of art. 25 25 has been repealed by section 6.6. 14 14 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. (4) The average monthly maintenance cost must ensure the fulfilment of the level of minimum quality standards and may not be lower than the minimum cost standard approved by Government decision, under the law. ... ---------- Alin. ((4) of art. 25 25 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. ((. The coverage of the full amount of the monthly contribution shall be as follows: ... a) older people who have income and are cared for in the home owe the monthly maintenance contribution in the amount of up to 60% of the monthly personal income value, without exceeding the average monthly maintenance cost approved for each home; ... b) the difference up to the competition of the full amount of the monthly maintenance contribution will be paid by the legal supporters of elderly people cared for in hostels, if they realize monthly income, per family member, in the amount of more than 782 lei; ... ---------- Lit. b) a par. ((5) of art. 25 25 has been amended by section 4.2 16 16 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. b ^ 1) the amount referred to in subparagraph b) is indexed by Government decision, depending on the growth index of consumer prices forecasted year/year; ------------ Lit. b ^ 1) a par. ((5) of art. 25 25 was introduced by section 4.2. 2 2 of art. IV of EMERGENCY ORDINANCE no. 118 118 of 1 October 2008 , published in MONITORUL OFFICIAL no. 680 680 of 3 October 2008. c) legal supporters may cover the full monthly contribution from their own income through a payment commitment. ... (6) If by applying the quota provided in par. ((5) lit. a) cover the total amount of the monthly contribution, legal supporters are no longer held by the obligation to support the payment of the contribution difference. ... (7) The obligation to pay the monthly maintenance contribution for the elderly person and/or legal supporters shall be determined by a payment commitment, signed by the elderly person, by his legal representative, as the case may be, and/or the legal supporter. The payment commitment is enforceable. ... (8) The obligation to pay the monthly contribution to the legal supporters may also be determined by judicial decision. ... + Article 26 Repealed. ---------- Article 26 was repealed by point (a). 17 17 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Chapter IV Procedure for the establishment, suspension and termination of social assistance rights for older persons + Article 27 Social assistance is granted at the request of the interested elderly person, the legal representative of it, the court, the specialist staff of the local council, the police, the pensioner organization, the cult recognized in Romania or non-governmental organizations that have as their object of activity social assistance of elderly people. + Article 28 (1) The right to social assistance, provided for by this law, shall be established on the basis of the social survey, in compliance with the criteria set out in the national grid for the assessment of ... (2) The social survey is carried out by a collective of 2 social workers from the local council or from the direction of work, social solidarity and county family or the city of Bucharest. In the situation of elderly people dependent the collective will necessarily be completed with the specialist doctor of the respective person. ... (3) The collective provided in par. (2) can also be completed with representatives of pensioners ' organizations, cult units recognized in Romania or other non-governmental organizations that have as their object of activity the social assistance of elderly people. ... (4) Based on the analysis of the social, economic and medical situation of the elderly person, the social survey proposes the social assistance measure justified by the factual situation. ... + Article 29 The approval, rejection, suspension or termination of the right to social assistance services for the elderly, provided by this law, shall be made by: a) mayor, for social assistance services organized locally, for care in hostels under management and for home care; ... b) Director General of the Department of Labour, Social Solidarity and County Family and of the Municipality of Bucharest, for the social assistance provided by the Romanian associations and foundations and of the cult units recognized in Romania, which received transfers from funds managed by the Ministry of Labour, Family and Social Protection *). ... + Article 30 (1) The guardianship authority or, as the case may be, the legal advisers employed by the local council in whose territorial area the elderly person resides have the obligation to grant, at his request, free advice in order to conclude the acts legal for sale-purchase, donation or loans with real estate guarantees that have as object the movable or immovable property of the respective elderly person. ... (2) The elderly person, as defined in art. 1 1 para. (4), will be assisted, at its request or ex officio, as the case may be, in order to conclude a legal act of alienation, for free of charge, of goods belonging to him, for the purpose of his maintenance and care, by a representative of the authority guardianship of the local council in whose territorial area the respective elderly person resides. ... ------------- Article 30 has been amended by section 6.6. 1 1 of the single article of LAW no. 270 270 of 7 November 2008 , published in MONITORUL OFFICIAL no. 768 768 of 14 November 2008. + Article 31 The obligation of maintenance and care as well as the practical modalities of their execution will be expressly mentioned in the legal act concluded by the notary public. + Article 32 The tutelary authority of the local council in whose territorial area the elderly person resides will receive ex officio a copy of the legal act concluded according to art. 30 30 and 31. + Article 33 The non-performance of the maintenance and care obligation by the new owner of the goods obtained as a result of the legal act of alienation can be referred to the local council's guardianship authority in whose territorial area the person resides elderly by any natural or legal person concerned. The guardianship authority may also be notified of its own motion. + Article 34 (1) Within 24 hours from the registration of the complaint, the tutelary authority shall request the public social assistance service or, as the case may be, the specialized department constituted according to the law under the local council in whose radius the territorial person is domiciled to carry out a social survey within 10 days of the request. ... (2) The tutelary authority of the local council in whose territorial area the elderly person resides, notified under the conditions of art. 33 and based on the social investigation, will propose the necessary measures for the legal execution of the provisions enshrined in the concluded legal act and will be able to request in court the termination of the maintenance contract in its own name and in the person maintained. ... ------------- Article 34 has been amended by section 4. 2 2 of the single article of LAW no. 270 270 of 7 November 2008 , published in MONITORUL OFFICIAL no. 768 768 of 14 November 2008. + Article 35 ((1) The right to social assistance services shall cease if the conditions for granting them are no longer met. ... (2) If the period during which the social assistance of the elderly is temporary, but not more than 6 months, the granting of social assistance services shall be suspended by reasoned decision of the one who established the right. On the end of the suspension the resumption of the granting of social assistance services or benefits is based on the social investigation. ... + Article 36 The decision on the establishment, rejection, termination or suspension of the right to social assistance services provided for by this Law may be challenged accordingly Law of Administrative Litigation no. 29/1990 * *). Note ... ---------- * *) Law of Administrative Litigation no. 29/1990 has been repealed and replaced by Law of Administrative Litigation no. 554/2004 , published in the Official Gazette of Romania, Part I, no. 1.154 1.154 of 7 December 2004. ---------- + Article 37 Violation of the provisions of this law attracts disciplinary, material, civil or criminal liability, as the case + Article 38 The Ministry of Labour, Family and Social Protection *) provides methodological guidance, coordinates, controls and evaluates the application of the provisions of this law + Chapter V Final and transitional provisions + Article 39 The local public administration authorities, depending on the conditions available to them, can establish according to the law household annexes, as self-funded activities, in order to improve food. ---------- Article 39 has been amended by section 6.6. 18 18 of art. I of EMERGENCY ORDINANCE no. 34 34 of 28 June 2016 published in MONITORUL OFFICIAL no. 488 488 of 30 June 2016. + Article 40 This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. + Article 41 On the date of entry into force of this Law, the Decree no. 253/1971 on the maintenance contribution in some protection institutions, published in the Official Bulletin, Part I, no. 90 90 of 30 July 1971, as well as any provisions to the contrary. ------
