Pursuant to Articles 8.2.d), g) and j); and the final provision first, paragraph 4 of Law 39/2006, of 14 December, of the Promotion of Personal Autonomy and Attention to Persons in the State of In its meeting of 10 July 2012, the Territorial Council of the System for Autonomy and Attention to Dependence approved the Agreement for the Improvement of the System for Autonomy and Attention to Dependence, which is annexed to the present resolution.

Madrid, July 13, 2012. -Secretary of State for Social Services and Equality; Juan Manuel Moreno Bonilla.

ANNEX

Agreement of July 10, 2012 of the Territorial Council for the Improvement of the System for Personal Autonomy and Care for Persons in a Situation of Dependence

PREAMBLE

Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Attention to Persons in Dependence (Law), approved with a broad consensus among the political forces, was a step forward in the well-being of the people and has counted on the collaboration of all the Public Administrations in its development. To achieve, a system of dependence, not only of quality, but also sustainable, is an objective of all the Public Administrations.

The plenary session of the Territorial Council of the Autonomy and Care System, at the session held on April 12, 2012, approved the progress of the evaluation of the Law, after the first five years of implementation. of the same, adopting the Agreement to undertake the improvements in the System of Dependence that are necessary to assure its sustainability, present and future as well as to assure and to strengthen in all the national field the development of the said Law.

Once the evaluation of the final results of the same and approved of its content has been carried out, it is necessary to address in a consensual way the improvements that are necessary in this field, with scrupulous respect of the competences that the Autonomous Communities and the rest of the Public Administrations are assigned in this field,

Concluded the work of the Groups constituted within the Territorial Council and analyzed the different experiences in the development and application of the Law in conjunction with the Autonomous Communities, the adoption is necessary of minimum and common criteria for the entire national territory, which guarantee the Principle of Equality and the proposal of modifications in the System of Care to the Dependence that are necessary, including the regulations. To this end, it is necessary to address, in a consensual manner, a set of measures to improve the Dependency System.

I

Reasons that support proposed improvement measures

From the analysis carried out jointly with the Autonomous Communities, different reasons are deduced that support the improvement measures proposed:

-There has been a significant inequality in the application of the Law by the Autonomous Communities in situations of similar dependence, with disparate regulatory developments affecting both the provision of services, the procedure and time to access services and services, as well as the determination of the user's economic capacity and their contribution to the cost of services. To this end, a minimum, common and homogeneous regulatory development should be established to allow for consistent application across the State of the Dependence rules, in order to contribute to ensuring the principle of equality.

-In many cases, there does not seem to be a correlation between the personal situations of dependency with the services and services they receive for their care, since there are no relevant differences in the way they care for the dependent persons of different levels within the same degree of dependency, in the light of the services and benefits assigned to them. There are also no relevant differences in the process of assessing the situations of dependency between levels within the same degree of dependence, resulting in large differences between Autonomous Communities in these aspects. It is therefore necessary to simplify and improve the process of assessment of the Dependence and its Procedure for access to the Prstations, as well as the Information Systems.

On the other hand, it has been established with the Autonomous Communities that the average of intensities, measured in hours, for the service of home help, is below those indicated in the initial regulations.

-It is essential to first care for people who, being within the System, are waiting for attention. The spirit established in the Law is to provide priority to the people with the highest degree of dependency, and progressively to those of a lesser degree of dependency. The situation of the last five years has shown that they coexist simultaneously in the Dependence System with a higher degree of dependence, pending to be attended, with others, of a lesser degree of dependence, that were incorporating the System.

Attention to the most dependent, as well as being a principle enshrined in the Law, responds to a principle of justice and priority in the allocation of resources, more if it fits in the current economic and budgetary situation.

A 1-1-12, there are 1,057,946 beneficiaries entitled to receive services and benefits, of which 752,005 (71.08%) already have them granted and for another 305,941 (28.92%) the formalities for their granting are being finalised.

-The failure to meet the expectations generated, both in employment and economic activity, given that the attention has not been prioritized through the Public Financing Network of Social Services of the Autonomous Communities, In the case of employment and economic activity, aid to non-professional carers, in contravention of the spirit and letter of the Law, which considered it an exception, was first taken.

-The economic benefit for care in the family environment, the exception provided for in the Law, amounts to 1-1-2012 a 45.50% of average in the set of services and benefits for the attention of the Dependence. This provision, due to its peculiar characteristics, is not the one that actually generates employment and economic activity. On the contrary, the services through the Services do generate them. The affiliations to the General Social Security Scheme of professionals in the social services sector have passed from 70,546 High in 2007 to 8,034 Bajas in 2011. On the other hand, the High in the General System of Social Security of non-professional family caregivers has been, between 2007 and 2011, of 174,133. These quotas are paid from the General Budget of the State, having generated a total expenditure of EUR 1,047 million in that period. This is why an in-depth review, in conjunction with the Ministry of Employment and Social Security, of the system of Affiliation, High and Cotization of caregivers in the family environment is needed.

-The change in the socioeconomic conditions in our country in recent years, with significant unemployment in the family centers, has helped to promote the granting of economic benefits for care. family members, so that members of the family unit have decided to attend to the dependents at the home, while receiving an economic aid for carrying it out. Therefore, a review of the conditions for granting such economic benefits seems appropriate, thus guaranteeing the spirit of exceptionality provided for in the Law.

-The contribution made to the ACs. through the General Budget of the State has not prioritized the greatest effort in services. The Autonomous Communities that during the last 5 years have developed a better and more professionalized care to the dependent persons, through their Public Network of Social Services, are not the ones that have received more funds in relation to the potentially dependent population (this reference variable is a common indicator for all of them). Therefore, in order to prioritise the provision of professionalised services, it is necessary to have a positive weighting in the financing criteria of the minimum level provided by the General Administration of the State through the State generals.

-The need to correct the gap between the initial forecasts and the current data, both in the financing of the System and in the number of dependent persons. In the period 2007-2011, the accumulated funding in the State Budget has exceeded the initial forecasts by EUR 2.7 billion. As for the number of people served, the forecast in 2007 was 1,173,764 of dependent persons, and the reality as at 1 January 2012, without having fully implemented the Law, is 1,612,729 applicants, of whom they have been valued. 1,503,758 persons, of whom some situation of Dependence has been recognized to 1.280.006 (G. III, G. II and G. I N. 2), that is to 1,057,946 persons, of which the 71.09% already have granted it (752,005 people). As for the forecast of Large Dependents, 205,915 people were expected in 2007 and in 2011 there were 431,811 people, 225,896 more than expected, representing 110% deviation. For its future correction, it is necessary to improve the different aspects of the process of assessment and determination of the situation of dependency.

II

The improvement, simplification and management of the current Autonomy System and Attention to the Dependence, in order to guarantee its current and future sustainability, and the adoption of basic improvement measures in the fields identified, which guarantee equality and equity in access to benefits and services in the whole of the national territory, must be built through the consensus of all the public administrations involved, through an agreement, whose (a) measures to be implemented through the agreements of the Territorial Council itself or of the regulatory modifications that are accurate.

The Autonomous Communities, the representation of local authorities through the Spanish Federation of Municipalities and Provinces and the Ministry of Health, Social Services and Equality, which subscribe to this agreement, demonstrate the need to make improvements to the sustainability of the Dependency System.

III

In the framework of the cooperation for the exercise of its powers, the General Administration of the State and the Autonomous Communities created the Sectoral Conference of Social Affairs and the Territorial Council of the System of Autonomy and Attention to Dependence. The focus on dependency is part of the social service portfolio and is a relevant part of the social services portfolio. The same members of the respective governments are involved in both bodies, so their composition is identical and their functions are similar. It is therefore necessary in the interests of administrative simplification and improvement in the efficiency of the coordination and cooperation of the administrations to harmonise these bodies of participation in a single so-called Territorial Council of Social services and the System for Autonomy and Attention to Dependence.

IV

In order to broaden the consensus and the greater participation in this Agreement, its content has been transferred to the advisory bodies of support and participation of this Territorial Council, that is, to the State Council of Persons. More, the National Council of Disability, the State Council of Non-Governmental Organizations of Social Action and the Advisory Committee, and whose participation and dialogue process, have incorporated different aspects agreed upon in the of such organs.

For all this, and once informed the support and participation bodies of the Territorial Council of the System for Autonomy and Attention to the Dependence, according to its Delegate Commission, considering that it is a necessity for to achieve equal rights for all persons, regardless of the territory in which they reside and a harmonised standard application throughout the national territory, as well as a legal obligation arising from the mandates contained in the Law, articles 8.2,10,14.4 and 7, 21, 27.1 and 2, 28.5, 33, 34.2 and 3, 35.1, 37 and Additional Disposition thirteenth, and in exercise of the functions assigned to it in article 8.2 of Law 39/2006, of 14 December, with respect to the competences of each of the Public Administrations and Entities of the System of Dependence, the Territorial Council of the System for Autonomy and Attention to Dependence, agrees:

First. Approval of the assessment of the results provided for in the final Disposition of the Law.

The plenary session of the Territorial Council of the Autonomy and Care System, at the session held on April 12, 2012, approved the progress of the evaluation of the Law, after the first five years of implementation. of the same, adopting the Agreement to undertake the improvements in the System of Dependence that are necessary to assure its sustainability, present and future as well as to assure and to strengthen in all the national field the development of the said Law.

The Territorial Council of the Autonomy System and Attention to Dependence will be the body responsible for carrying out the annual evaluations of the Autonomy System and Attention to Dependence.

Once the final evaluation has been carried out, the results contained in it are approved, which can be found on the following website: www.imserso.es.

Second. Approval of the following Improvement Proposals:

1. Amendment of the current classification of the dependency situation set by degrees and levels.

It is agreed to modify the current structure of degrees and levels for the determination of the degree of dependence, which is contained in article 26 of the Law. The new structure will have a single division by 3 degrees, disappearing the division of those degrees in levels.

New grades will be as follows:

● Grade III. Great Dependency.

● Grade II. Severe Dependency.

● Grade I. Moderate Dependency.

All new dependency-grade assessment resolutions, from the entry into force of the rule that collects the content of this section, will conform to the new grade structure, including those derived from processes review or other causes.

People who already have recognized grade and level will continue to maintain them, without prejudice to the provisions of Article 30 of the Law for the purposes of review.

2. The adaptation of the criteria to determine the intensity of protection of the service of home help, to the real needs of the people in a situation of dependency.

It is agreed to modify the protection intensities, referred to hours/month in the Home Aid Service, according to the following criteria:

● For persons entering the Care System, from the entry into force of the standard that reforms the classification of the situation of dependence exclusively in degrees, the intensity of time/month for the Home Help service will be:

Grade III: Between 46 and 70 hours/month.

Grade II: Between 21 and 45 hours/month.

Grade I Grade I: Maximum of 20 hours/month.

● For people who at the entry into force of the reform, already have recognized grade and level, the intensity for home help will be:

Grade III, level 2: Between 56 and 70 hours/month.

Grade III, level 1: Between 46 and 55 hours/month.

Grade II, level 2: Between 31 and 45 hours/month.

Grade II, level 1: Between 21 and 30 hours/month.

Grade I, levels 1, and 2: Maximum of 20 hours/month.

In the Individual Care Program, it will be necessary to differentiate, within the hours of home help, those related to domestic or household needs, of the personal attention for the activities of daily life. Services related to household or household needs, cleaning, washing, cooking or other services should be provided in conjunction with personal care services for the activities of daily life.

In this Individual Care Program, the Autonomous Communities will establish the graduality of the previous intensities, based on the assessment of the personal situation of dependency.

3. The improvement and adequacy of benefits and services, to ensure the sustainability of the System, and the extension of the economic benefit by personal assistance to all the Grades of dependency.

It will be extended to all Degrees of Dependence, the economic benefit of personal assistance provided for in Article 19 of the Law.

The economic benefits will be incompatible with the services of the catalogue set out in Article 15 of Law 39/2006 of 14 December, of the Promotion of Personal Autonomy and Care for Persons (i) the use of the services provided by the Member State concerned, except with the services of prevention of situations of dependency, promotion of personal autonomy and teleworking. The economic benefits shall also be incompatible with each other.

The services will be incompatible with each other, with the exception of the tele-assistance service which will be compatible with the service of prevention of situations of dependency, of promotion of personal autonomy, of home help, and from day to night.

However, the competent Public Administrations may establish the compatibility between the benefits for support and home care for the dependent person, in such a way that the sum of these benefits it is not superior, as a whole, to the maximum intensities recognised to its degree of dependence. For the purposes of the allocation of the minimum level, as set out in Article 9 of the Act, they shall be considered as a single benefit.

4. Translates of persons in a situation of dependency recognized to other Autonomous Communities.

The Autonomous Communities undertake to communicate to the Institute of Older and Social Services (Imserso) as the coordinating body, through the Information System for Autonomy and Attention to Dependence and form immediate once known, the shipments that occur.

The Imserso shall communicate it to the receiving Autonomous Community and, within a maximum period of 60 days, proceed to the corresponding regularisation.

The commitment of the three parties (Autonomous Community of origin, Autonomous Community of destination and Imserso) is established to communicate the situation to the person concerned and to give an answer to the needs of the person dependent on the more immediate possible form.

5. First Improvements in Procedure and Transparency in Management.

a) Regarding the application for the initiation of the Procedure for the recognition of the situation of dependency. Minimum, basic, common and document content to contribute.

In order to speed up and avoid the request of new data after the procedure is initiated, in the application for the beginning of the procedure for the recognition of the situation of dependency, it is advisable to include some Common minimum basic requirements and requirements, which are, in addition to the general requirements, as follows:

● If the applicant is being cared for by the Social Services at the time of making the request and, if applicable, type of service he/she is receiving.

● If you are being cared for by family caregiver and since when.

● Commitment to facilitate monitoring and control (including access to the applicant's home) by the competent authority.

● If you are a person with disabilities, as well as the type of disability, if you voluntarily want to manifest it.

● If the applicant has diagnosed Rara Disease, cataloged as such.

● Obligation of immediate communication to the corresponding Administration, if the beneficiary's income is produced in hospital or care facilities that do not cost the beneficiary.

At the time of filing, the following documents will be provided:

● Commitments acquired, if any, by the family caregiver.

● Standard Health Report.

● Responsible statement on the economic and patrimonial status of the applicant.

● Copy of the statement, if any, from the Income Tax of the Physical Persons.

● Data check authorization by the competent Public Administrations.

b) Regarding the Resolution of recognition of the situation of dependency. Minimum, basic and common content.

The administrative resolution recognizing the situation of dependence shall have a minimum, basic and common content, signed by the administrative body which, in each case, corresponds to the respective Autonomous Community, and it will be a fundamental document that will be part of the file that is included in the System of Information of the System for Autonomy and Attention to Dependence (SISAAD) to all the effects.

This administrative resolution will be the basis on which the statistics and data will be compiled by the Imserso, replacing the current opinion.

c) Regarding the Resolution of the granting of services or benefits on the basis of the Individual Program of Care and the effectiveness of the right.

The administrative resolution recognizing the granting of services or benefits and making the right effective, will incorporate a minimum, basic and common content, signed by the administrative body that in each case corresponds to the Autonomous Community.

This Resolution will specify the total number of hours/month of intensity of the Service of Home Assistance, differentiating those related to domestic or household needs, of the personal attention for the activities of the daily life, the contribution of the user of the service or provision concerned, as well as the compatibility of services and benefits. This Resolution will be the basis on which the statistics and data will be compiled by the Imserso, for the purposes of the monthly liquidations of the Minimum Level by the General Administration of the State to the Autonomous Communities.

6. Enhancements To Information Systems.

In order to achieve better management and exploitation of the data contained in the SISAAD, as well as to improve the transparency of the data, and given the economic implication of the information contained in it, the Imserso will end the the data contrast process before 30 July 2012 with each of the Autonomous Communities. It is also established on the 25th day of each month, as a monthly closing date for the submission of data to SISAAD, by the Autonomous Communities, in order to verify and contrast the data before publication.

The Autonomous Communities will report to the Imserso monthly the Altas, Barajas and modifications in the corresponding Information System.

The Imserso will make available to the Autonomous Communities a procedure that allows the interoperability of the respective Information Systems of the same, with the SISAAD, to improve the transparency of data and to guarantee their security, as well as to facilitate all the processes and requirements outlined in the previous paragraphs.

The Autonomous Communities shall issue an annual certificate, the minimum content of which shall reflect the credit received and notified from the General Budget of the State, as input from the General Administration of State to the financing of the cost of dependence in that Autonomous Community. This certificate shall specify the finisher application of these appropriations, indicating the contribution made by the Autonomous Community and the budgetary implementation in which the appropriations are charged in their budgets. The certificate shall be issued by the competent authority in the Autonomous Community, with the approval of the representative designated by the General Intervention of the Autonomous Community.

7. Review of the economic benefit for care in the family environment and support for non-professional caregivers.

Will be reviewed in depth, in conjunction with the Ministry of Employment and Social Security, the current system of Affiliation, High and Quotation to the Social Security of caregivers in the family environment, to establish a new regulation that takes into account the specific circumstances of these caregivers within the Social Security System. Until the new regulation is established, the family caregivers who are currently in high status will continue in the same situation as long as the circumstances that gave rise to the corresponding Special Convention remain.

By the Imserso and the Autonomous Communities, it is agreed that the monitoring, review and control of the caregivers in the family environment should be carried out in order to verify the requirements and suitability of the caregivers and to adjust the Service to the criterion contained in the Law, with respect to its exceptionality.

For benefits of this nature that are recognized from the entry into force of the rule that collects the content of this paragraph, at least the following requirements will be incorporated:

● Minimum criteria for recognition of this benefit will be established, which will be collected in the application model as requirements and commitments to be met by the caregiver of the person in a situation of dependency, indicated in proposal 5 (a).

● Given the exceptional character of the recognition of the benefit established in the Law, this mode of care will be established by the valuer and provided that, prior to the filing of the application, the already attended by non-professional carers. To this end, Article 29 of the Law will be reviewed for the determination of this benefit as the most appropriate to its needs, once it has been verified by the professionals of the assessment teams and the competent administration, which are given the appropriate conditions, as a whole, for the granting of this benefit.

● At any time the Management Administration may check whether the requirements are still met and meet the requirements for recognition of this benefit.

● For the purposes of Articles 2.5, 14.4 and 18 of Law 39/2006, of 14 December, of the Promotion of Personal Autonomy and Care for Persons in a Situation of Dependence, they may, by way of exception, assume the status of non-professional carers of a person in a situation of dependency, their spouse and their relatives for consenting, affinity or adoption, up to the third degree of kinship, when they live and are being cared for and have made during the previous period of one year to the date of submission of the application.

● The caregiver must live with the person in a situation of dependency at the same address, except in the case provided for in the following paragraph.

● When the person in a recognized dependency situation has his or her home in an environment characterized by insufficient public or private resources, depopulation, or geographic or other circumstances which prevent or impede other forms of care, including care through related services, the competent authority may exceptionally permit the existence of non-professional care by a person. the person in his or her environment who, even if he does not have the degree of kinship referred to in paragraph 1 previously, resides in the municipality of the dependent person or in a neighbor, and has done so during the previous one-year period to the filing date of the application.

The environment referred to in the preceding paragraph shall also have a rural environment for persons in a position of dependency with Grade I.

In addition to the provisions of the previous paragraphs, the following conditions of access to the economic provision for care in the family environment and the requirements of non-professional caregivers of persons are established. in dependency situation:

● That the beneficiary person is being cared for by care in the family environment, prior to the request for recognition of the situation of dependence and not possible the recognition of a due service the lack of accredited public or private resources.

● That the caregiver accredits sufficient physical, mental, and intellectual capacity to properly develop the care and care functions by itself, as well as not being an applicant for the dependency situation or having This situation is acknowledged.

● That the caregiver formally assume the necessary commitments for the care and care of the person in a situation of dependency.

● Facilitate the access of the social services of the competent public administrations, to the dwelling of the dependent in order to check the fulfilment of the requirements or variation of the circumstances.

8. Setting common criteria in the assignment of benefits in case of dependent death.

The effectiveness of the recognition of the right to the economic benefits of the Dependence System is determined by the Resolution where the benefit is established, based on the Individual Care Program prepared by the assessment teams, therefore the beneficiaries of the Dependence System who die before the formalisation of the said Resolution, even if they have recognised a degree of dependency, do not have the status of beneficiaries of the benefit and, therefore, since the right has not been perfected, it cannot be incorporated into the inheritance.

9. Prevention of Dependence and Promotion of Personal Autonomy situations.

Within the maximum period of six months, the criteria, recommendations, and minimum conditions that should be met by the Plans to Prevent the Situation of Dependence and Promotion of the Personal Autonomy, which are prepared by the Autonomous Communities, with special consideration of the risks and actions for the elderly, for persons with disabilities and other groups of special vulnerability.

10. Amendment of the Application Schedule of the Dependence Act.

As a consequence of the priority in the care of dependent persons with greater needs for attention, as well as of the correction of the public deficit and under the principles of sustainability, stability and adequate, which govern the System for Autonomy and Attention to Dependence, given the new structure of the proposed grades, it becomes necessary to adapt the calendar of entry into force of the Law. Therefore, the effectiveness of the right to benefits for persons valued at Grade I level 2, which was not recognised before 1 January 2012, shall be made as from 1 July 2015. The effectiveness of the right to benefits for persons valued in Grade I shall be made from 1 July 2015.

11. Normative to determine the beneficiary's economic capacity and contribution.

It is necessary to establish common criteria for determining the economic capacity of the users of the services and benefits, as well as the contribution of the beneficiary, in the terms set out in the Law, This shall contribute to ensuring the principle of equality, in accordance with the following criteria:

● The personal economic capacity of the beneficiaries of the Autonomy System and Attention to Dependence will be determined in terms of their income and their assets.

● The income of the beneficiary, derived from both the work and the capital, is considered as income, as well as any other substitutes for those.

● The property and rights of the economic content of the beneficiary are considered to be the property of the beneficiary, with the deduction of the charges and charges that diminish their value, as well as the personal debts and obligations of which you must respond.

● In any case, the provisions of Article 31 of the Law shall apply, as regards the provision of the same nature and purpose of public social protection schemes.

● The minimum free of economic participation of the beneficiary person, will be referenced to the monthly amount of the Public Indicator of Multiple Effects Income (IPREM), excluding residential care.

● The proposed improvement should also include a minimum availability guarantee scheme for the dependent person. On the other hand, it will include the guarantee of the protected heritage of people with disabilities.

Once the economic capacity of the beneficiaries is determined, the contribution of the beneficiaries to the cost of care for the services and benefits they receive will be progressively determined up to a maximum of 90% of the cost of the service.

As it is a minimum requirement, the Autonomous Communities may also establish complementary measures that increase the user's contribution when they are regulated in their regulations.

In the event that some Autonomous Community uses an indicator of minimum economic capacity that is different from the one agreed upon, which would be a more advantageous condition for the beneficiaries, it will be financed by charge at the additional level laid down in Article 7 (3) of the Law, in addition to being taken into account in the clearance of the minimum level of protection.

12. Reference Indicators to determine the cost of Services and Benefits.

To the sole effects of the calculation of the cost of the dependency at national level, reference indicators will be established for the cost of the different Services and Prstations contained in the Catalog of Services of promotion of the personal autonomy and attention to dependency. Before the end of this year 2012, the establishment of such benchmark price indicators shall be agreed between all competent public administrations.

13. Th Postponement of retroactivity.

Royal Decree Law 8/2010 of 20 May, adopting extraordinary measures for the reduction of the public deficit, laid down in its additional provision the sixth, that the deferral and the payment of the retroactive effects of the economic benefits provided for in Article 18 of the Act, may be deferred and their credit would be paid in the same amount for a maximum of five years from the date of the final decision of the express recognition of the benefit. Public deficit control reasons advise to empower the Autonomous Communities to consider it, to extend the current term of 5 years to a maximum of 8 years.

For these same reasons, for all those dependent persons who have resolution of recognition of economic benefits as provided for in Article 18 of the Law, but are pending to receive them, from the entrance in force of the rule that contains the contents of this Agreement, the accrual shall be suspended until the effective perception of such economic benefit or, if applicable, up to a maximum of two years.

For all dependent persons who do not have a resolution for the recognition of economic benefits provided for in Article 18 of the Law, as of the entry into force of the rule that collects the contents of this Agreement, the right of access to these benefits shall be payable within a maximum period of two years, to be counted from the resolution of recognition of the benefits.

All dependent persons who have generated accruals for the period since the economic performance recognition resolution will continue to maintain this right.

14. Territorial Council of Social Services and the System for Autonomy and Attention to Dependence.

In the framework of the cooperation for the exercise of its powers, the General Administration of the State and the Autonomous Communities created the Sectoral Conference of Social Affairs and the Territorial Council of the System of Autonomy and Attention to Dependence. The focus on dependency is part of the social service portfolio and is a relevant part of the social services portfolio. The same members of the respective governments are involved in both bodies, so their composition is identical and their functions are similar. It is therefore necessary in the interests of administrative simplification and improvement in the efficiency of the coordination and cooperation of the administrations to harmonise these bodies of participation in a single so-called Territorial Council of Social services and the System for Autonomy and Attention to Dependence.

15. Measures to save and reduce the public deficit: maximum amounts of economic benefits for care in the family environment. New allocation and distribution of the minimum level of protection.

In the entire process leading up to the celebration of this Territorial Council, the need to take some measure that produces an immediate saving in the System for Autonomy and Attention to Dependence has been found.

Therefore, it is necessary to adopt savings measures with effect on the expenditure of the System of Attention to Dependence, both in the budgets of the Autonomous Communities, and in the General Budget of the State. These measures are included in the documentation submitted to this session of the Territorial Council and in the previous sessions held both by the Delegation Commission, the Autonomous Communities, the Territorial Council and the participation of the same.

The savings measure adopted in this Territorial Council is to reduce the maximum amounts of care benefits in the family environment by 15%.

The Autonomous Communities, depending on their funding and budgetary needs and on the basis of maximum amounts, can increase this percentage of reduction, communicating it to the Imserso through the SISAAD.

New minimum protection level allocation criteria:

As a measure to stimulate the care of dependents through professionalised services, employment generators and economic activity, it is considered appropriate that the distribution of the appropriations of the general budget of the State to transfer to the Autonomous Communities for the financing of the care to the dependency, incorporate progressively, a variable that positively weights the delivery of services in front of the economic benefit for care in the family environment.

The distribution between the Autonomous Communities of the minimum level of protection, as set out in Article 9 of the Law, shall be made in accordance with the number of beneficiaries of the System and the amount by degree of dependence recognized for each of them, positively weighting the provision of services in respect of the economic provision for care in the family environment, in such a way as to be determined by regulation.

To this end, it is agreed to make changes to the current criteria for the allocation of funding of the minimum level set out in Article 9 of the Law. With these changes, the current system, which assigns the minimum level to the autonomous communities considering the number of beneficiaries and their degree/level of dependency, is intended to evolve. services provided as an additional financial allocation variable.

In order to avoid excessive and accelerated imbalances in the financing of the Autonomous Communities in respect of others, the allocation of the minimum level will progressively evolve over five years, establishing a temporary evolution in the implementation of the distribution by beneficiaries and by benefits, as shown in the following table:

Minimum level

allocation system application year

Rebirth by Payees
	Rebirth by
	First	90%	10%
	Second	80%	20%
Third	70%	30%
Fourth	60%	40%
Fifth and Next	50%	50%

16. Other Agreements.

The creation within this Territorial Council, of a Working Group on the contents of the Additional Disposition seventh of the Law of Dependence, is agreed upon. The conclusions and, where appropriate, proposals to be drawn up in that Working Group, shall be raised to this Territorial Council for approval within a maximum of six months.

Third. Approval of the criteria and contents on economic capacity and participation of the beneficiary in the cost of the benefits for Autonomy and Care to the dependency.

Law 39/2006, of 14 December, on the Promotion of Personal Autonomy and Care for Persons in a State of Dependence, contains a model of financing in which obligations are established for the different Public administrations and beneficiaries.

This is a financing model based on the principles of sustainability, stability and sufficiency, continuously in time, and which guarantees, through the co-responsibility of public administrations, the recognition and subjective exercise of citizenship to the promotion of personal autonomy and attention to people in a situation of dependency.

In this way, the law establishes a series of mechanisms of cooperation between the General Administration of the State and the Autonomous Communities, among which the creation, in Article 8, of the Territorial Council of the System for Autonomy and Attention to Dependence (SAAD) constituted by representatives of both public administrations. Among other functions, the adoption of the criteria for the participation of beneficiaries in the cost of services should be developed within the framework of the agreement.

Article 33 of the law states that the Territorial Council of the SAAD shall set the minimum criteria for the participation of beneficiaries in benefits, according to the type and cost of the service and its economic capacity. personnel. It notes that the distinction between care and maintenance services and hoteliers will be taken into account in establishing such participation. It also indicates that the economic capacity of the beneficiary will be taken into account for the determination of the amount of economic benefits.

In addition, Article 14, after pointing out the nature of the dependency benefits and setting the priority on access to services to the degree and level of dependency, establishes that the economic capacity of the the beneficiary will be determined, in the form that is regulated, on a proposal from the Territorial Council of the SAAD, in order to pay attention to the income and the patrimony of the applicant. The equity consideration shall take into account the age of the beneficiary and the type of service provided.

In this field, and taking into account the experiences of the various competent administrations, the need to harmonise the criteria for capacity and capacity has been demonstrated by the autonomous communities. economic participation of the beneficiaries in the system, incorporating the peculiarities of the autonomous community and their different management modes acquired in the years of application of the law.

The purpose of this document is to establish the common minimum criteria for determining the personal economic capacity of SAAD beneficiaries and criteria for their economic participation in the benefits of the System. However, the autonomous communities or competent authorities may establish a greater share of the beneficiary in the cost of services and benefits, which would result from the application of the minimum criteria laid down in the this document.

1. Object

This document aims to establish common minimum criteria for the determination of the beneficiaries ' personal economic capacity and their economic participation in the cost of the services and benefits of the System for Autonomy and Attention to Dependence.

2. Determination of personal economic capacity

The economic capacity of the beneficiaries of SAAD will be determined in terms of their income and their assets.

The beneficiary's personal economic capacity will be that corresponding to his income, increased by 5 percent of his net worth from the age of 65, by 3 percent of the 35 to the age of 65 and by 1 percent. to children under 35 years of age.

Only the usual housing for the calculation of the personal economic capacity shall be taken into account, when the benefit received by the beneficiary is of residential care through the Network of Public Social Services, concerted or through a capability linked to this service.

For the determination of the personal economic capacity, including the determination of the family costs, it shall be applicable, in addition to the provisions laid down in this document, to the regulations corresponding to the taxes on the Income of the Physical and Heritage Persons.

3. Criteria for the determination of income

3.1 Income is considered to be income of the beneficiary, derived from both the work and the capital, as well as any other substitutes for those, in accordance with Law 35/2006 of 28 November of the Tax on the Income of the Physical Persons and of partial modification of the laws of the taxes on Societies, on the Income of Non-Residents and on the Heritage, or, where appropriate, to the tax norms that could be of application.

3.2 It shall be understood as personal income, in the case of a beneficiary with a spouse under a ganancial or the participation of property, or when a joint declaration of the Income Tax of Persons is presented. Physical, half of the sum of the income of both members of the couple.

3.3 In relation to income derived from private insurance, as referred to in Article 51.5 of Law 35/2006 of 28 November of the Tax on the Income of the Physical Persons and the partial modification of the the laws of the Taxes on Societies, on the Income of Non-Residents and on the Heritage, will be to what it establishes by the Ministry of Finance and Public Administrations or, if necessary, by the autonomous communities with fiscal competence in the matter.

3.4 In the income of the beneficiaries, the amount of the benefits of the same nature and purpose as set out in Article 31 of Law 39/2006 of 14 December shall not be taken into account as income.

3.5 The economic aid provided for in Article 27 of the Organic Law 1/2004, of 28 December, of Comprehensive Protection Measures against Gender Violence and those of equal income will not be considered as income. content that could be set by the stand-alone communities.

4. Criteria for the determination of heritage

4.1 The assets and rights of economic content of which the person is entitled are considered to be the assets of the person, with the deduction of the charges and charges which diminish their value, as well as of the debts and personal obligations of which it is required to respond, in accordance with the tax rules which, where appropriate, may be applicable. Only the usual dwelling shall be taken into account in the event that the beneficiary receives the residential care service or the economic benefit linked to that service and does not have persons in his or her capacity who continue to reside in that service. housing. In this case, the value to be computed shall be the cadastral value of the dwelling or, in its defect, the value written, applied the exemption that for habitual dwelling establishes, where appropriate, the regulations of the Imposto on the Patrimony.

4.2 For these purposes, it is understood as persons in charge of the spouse or couple in fact, ascending over 65 years, descendants or persons linked to the beneficiary person by reason of guardianship and/or reception of minors of 25 years or older of such age in a situation of dependency or disability, provided that they live with the beneficiary and are economically dependent on it.

4.3 In the co-ownership assumptions, only the percentage corresponding to the property of the beneficiary person will be taken into consideration.

4.4 In the determination of the assets, the assets and rights contributed to a patrimony specially protected from those regulated by Law 41/2003, of 18 November, of patrimonial protection of persons with disability and modification of the Civil Code, the Law of Civil Procedure and the Tax Law for this purpose, of which the beneficiary person is the owner, while the condition persists. However, the income derived from such assets which are not integrated into it shall be computed.

4.5 In the consideration of the estate, account shall be taken of the age of the beneficiary and the type of service provided.

4.6 The period to be computed in the determination of the income and the equity shall be that corresponding to the last financial year for which the filing period of the corresponding declaration has expired on the date of the filing of the request.

However, when the economic capacity of the beneficiary person only comes from the perception of pensions, benefits or public subsidies, the period to be calculated in his/her determination shall be that of the financial year in question. the request is submitted.

Also, the property provisions made by the beneficiary in the four years preceding the filing of the application will be taken into account in the terms of the additional fifth of the Law. 41/2007, of 7 December, amending Law 2/1981 of 25 March, regulating the Mortgage Market and other rules of the mortgage and financial system, regulating reverse mortgages and dependency insurance and for which establishes a certain tax rule.

5. Data Check

The falsification or concealment of data on economic capacity may result in the suspension or termination of the benefit, in addition to the responsibilities of any other type in which the person may incur beneficiary.

In the case of economic benefits, it will also entail the return of the amounts unduly paid and in the event of insufficient participation in the cost of the services will entail the obligation to compensate the difference.

6. Criteria for the economic participation of the beneficiary in the cost of SAAD benefits

6.1 No one will be left out of the System's coverage for lack of economic resources.

6.2 The minimum economic capacity of the beneficiary person shall be referred to the monthly amount of the Public Multiple Effects Income Indicator (IPREM).

6.3 The participation of the beneficiary in the cost of the service will be made progressively, through the application of a percentage according to its economic capacity up to 90% of the reference cost of the service and take into account the nature of the provision of the recognised dependency, in the case of a service or an economic benefit.

6.4 If the person receiving any of the services is the holder of a provision of the same nature and purpose of the services referred to in Article 31 of Law 39/2006 of 14 December, that benefit shall be added to the amount calculated according to the criteria for the service participation up to 100% of the reference cost of the service.

6.5 Autonomous communities or competent authorities may establish greater participation of the beneficiary in the cost of services and economic benefits.

6.6 The economic capacity of the beneficiary person shall be determined on an annual basis, without prejudice to the fact that, for the purposes of calculating his share of the cost of services and services, it is calculated in monthly terms calculated as the twelfth of its annual economic capacity.

7. Residential care service

7.1 The beneficiaries will participate in the cost of residential care services according to their economic capacity and the cost of the service. In order to establish the participation of the beneficiary, the distinction between care and maintenance services and hoteliers shall be taken into account, as provided for in Article 33.3 of Law 39/2006 of 14 December.

7.2 To the sole purpose of determining the economic participation of persons in a situation of dependency, it is fixed between 1,100 and 1,600 euros a month as a reference of the cost of the residential service. These costs may be increased by up to 40%, in the event that this service implies a higher intensity of care or care.

These reference costs have been fixed in relation to the price of the concertation of places and will be updated annually in accordance with the IPREM.

7.3 The contribution of the beneficiary person shall first be used to finance maintenance and hotel expenses, in part or in their entirety according to their economic capacity.

The determination of the beneficial person's economic participation will be made by applying the following mathematical formula, which ensures progressiveness in participation.

PB = CEB-CM

Where:

PB: Economic participation of the beneficiary in the cost of the residential care service.

CEB: Economic capacity of the beneficiary person.

CM: Minimum amount for personal expenses, referenced to 19% of the monthly IPREM.

If the amount resulting from the application of the formula is negative, the beneficiary person will not participate in the cost of the residential care service.

7.4 Maintenance and hotel costs will be guaranteed in whole or in part to those who lack sufficient income.

7.5 Once the participation in the cost of services is determined, a reference amount is established for personal expenses that will be 19% of the monthly IPREM. However, the Autonomous Communities may establish amounts less than this reference quantity.

7.6 The competent authority may make the systems it has established for debt recognition compatible with the provisions of this document in cases where the contribution of the beneficiary person is not sufficient to pay their full participation in the cost of the service. In any event the execution of the debt shall not be carried out on the usual dwelling, in cases where the persons have their habitual dwelling and with the requirements referred to in point 4.2 of this document.

8. Other catalog services

The minimum economic capacity of the beneficiary person will be referred to the monthly amount of the Public Indicator of Multiple Effects Income (IPREM).

8.1 Home help service.

The reference cost of the service is fixed at 14 euros per hour, for related services for personal care and 9 euros per hour for services related to the care of domestic or home.

The beneficiary's participation in the cost of the service will be determined by the application of the following formulas, which ensure the proportional decrease of the cost based on the number of hours of care.

1. From 21 to 45 hours per month:

PB = ((0.4 x IR x CEB)/IPREM)-(0.3 x IR)

2. º 46 to 70 hours per month:

PB = ((0.3333 x IR x CEB)/IPREM)-(0.25 x IR)

Where:

PB: Participation of the beneficiary person.

IR: Cost time home help service.

CEB: Economic capacity of the beneficiary person.

The beneficiary person will participate in the cost of the service, in any case, with 20 euros, if the amount obtained in the application of the formula is negative or less than this amount.

8.2 Day and night center service.

The reference cost of the day and night centre service, excluding maintenance and transport costs, will be EUR 650 per month, and it is in relation to the price of concertation for places in the centres of initiative. private. This cost may be increased by up to 25%, in the event that this service implies a higher intensity of care or care.

The amounts provided for in this section will be updated annually in accordance with the IPREM.

The exact determination of the economic participation of the beneficiary person will be carried out by the application of the following mathematical formula, which guarantees the equity in the progressiveness of the participation according to its economic capacity:

PB = (0.4 x CEB)-(IPREM/3.33)

Where:

PB: Economic participation of the recipient in the cost of the service.

CEB: Economic capacity of the beneficiary person.

If the economic capacity of the beneficiary person is equal to or less than the monthly IPREM, the latter will not participate in the cost of the service.

8.3 Teleassistance service.

The beneficiary person will participate in the cost of the tele-assistance service according to their economic capacity in accordance with the following intervals:

a) Less than monthly IPREM: No participation.

b) Between Monthly IPREM and Monthly IPREM 1.5: 50% Participation.

c) More than 1.5 of the monthly IPREM: 90% participation.

9. Participation of the beneficiary in the cost of economic benefits

The amount of the recognised economic benefit shall be 100% of the maximum amount established in the royal decree to set the annual amounts, where the economic capacity of the beneficiary is equal to or less than the IPREM monthly.

9.1 Service-bound and personal assistant.

The monthly amount of the benefit linked to the service and the economic benefit of the personal assistant is established according to the cost of the service and the economic capacity, in accordance with the following:

CPE = IR + CM-CEB

Where:

CPE: Economic Benefit Cuantia.

IR: Cost of service.

CM: Amount for personal expenses of the beneficiary person for each type of service, referenced, if any, to 19% of the monthly IPREM.

CEB: Economic capacity of the beneficiary person.

9.2 Economic care in the family environment and support for non-professional caregivers.

The monthly amount of the economic benefit of care in the family environment and support to non-professional caregivers is established according to the economic capacity of the beneficiary and proportionally to the highest degree. dependency, according to the following mathematical formula:

CPE = (1.33 x Cmax)-(0.44 x CEB x Cmax)/IPREM

Where:

CPE: Economic Benefit Cuantia.

Cmax: Maximum amount of economic benefit.

CEB: Economic capacity of the beneficiary.

In the face of the same economic capacity of the dependent person, the amount resulting from this benefit may not exceed the amount corresponding to the benefit linked to the service.

9.3 The amount established in the contract concluded by the beneficiary, as a consideration for the personal assistant or for the purchase of the service, to which payment shall be paid 100% of the economic benefit linked to the service, may not be less than the maximum amount established for the respective benefit.

9.4 If the beneficiary of any of the economic benefits of the System receives any other provision of the same nature or purpose as referred to in Article 31 of Law 39/2006 of 14 December, the amount of These will be deducted from the initial amount of those.

10. Amount for personal expenses of persons in a situation of dependency for reason of disability

The minimum amount for personal expenses will be increased by 25% for people in a situation of dependency due to their disability, in care of their age and greater support for the promotion of their personal autonomy.

11. Regulatory adaptation

The competent public authorities, within the maximum period of six months from the date of this Agreement, shall promote the regulatory provisions necessary to comply with the provisions of this Agreement; and communicate the same to the General Administration of the State.

12. pre-existing legal situations

The competent public authorities shall, within a maximum of one year from the date of this Agreement, adjust, where appropriate, the previously recognised dependency benefits to the autonomous regulatory adaptation provided at the previous point.