JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

1. Attention to people in a situation of dependency and the promotion of their personal autonomy is one of the main challenges of the social policy of the developed countries. The challenge is no other than addressing the needs of those people who, because they are in a situation of special vulnerability, require support to develop the essential activities of daily life, to achieve greater personal autonomy and to be able to fully exercise their citizenship rights.

In October 2003, the Plenary Assembly of the Congress of Deputies approved the Renewal of the Toledo Pact with an Additional Recommendation 3. It states: " It is therefore necessary to set up an integrated system that addresses the The Commission considers it necessary to set up an early regulatory framework for the phenomenon of dependence, and the Commission considers that the definition of dependency, the current situation of its coverage, the challenges envisaged and the possible alternatives for its implementation are necessary. protection ".

The recognition of the rights of persons in a situation of dependence has been highlighted by numerous documents and decisions of international organizations, such as the World Health Organization, the Council of Europe and the European Union. In 2002, under the Spanish Presidency, the European Union decided on three criteria that should govern the Member States ' policies of dependency: universality, high quality and sustainability in the time of systems that are implemented.

The conclusions of the Sub-Commission Report on the Study of the Current Disability Situation of 13 December 2003 coincide with the need to set up a comprehensive system of dependency from a perspective with the active participation of the whole of society.

In Spain, demographic and social changes are producing a progressive increase in the population in a situation of dependence. On the one hand, it is necessary to consider the important growth of the population over the age of 65, which has doubled in the last 30 years, to move from 3.3 million people in 1970 (by 9.7 percent of the total population) to more than 6.6 million. in 2000 (16.6 per cent). To this must be added the demographic phenomenon called the ageing of ageing, i.e. the increase in the population of the population aged over 80 years, which has doubled in only 20 years.

Both issues shape a new reality of the larger population that leads to problems of dependency in the last stages of life for an increasingly broad group of people. In addition, a number of studies show the clear correlation between age and disability situations, as shown by the fact that more than 32% of people over the age of 65 have some type of disability, whereas this percentage is reduced to 5% for the rest of the population.

To this reality, derived from aging, dependence should be added for reasons of illness and other causes of disability or limitation, which has increased in recent years due to changes in the rates of survival of certain chronic diseases and congenital disorders and also due to the consequences of road and work accident rates.

A 9% of the Spanish population, according to the Survey on Disabilities, Deficiencies and Health of 1999, presents some disability or limitation that has caused it, or it can cause, a dependency for the activities of daily life or support needs for their personal autonomy on equal opportunities. For this group it was recently legislated with Law 51/2003, of December 2, of Equal Opportunities, non-discrimination and universal accessibility of people with disabilities.

2. The attention to this population group therefore becomes an unavoidable challenge for the public authorities, which requires a firm, sustained and adapted response to the current model of our society. It should not be forgotten that, until now, it has been the families, and especially the women, who have traditionally taken care of the dependent people, constituting what has been called the "informal support". The changes in the family model and the progressive incorporation of almost three million women over the last decade into the labour market introduce new factors in this situation which make it essential to review the traditional system of care to ensure adequate care delivery capability to those who need them.

The constitutional text itself, in its articles 49 and 50, refers to the attention of people with disabilities and elderly people and to a system of social services promoted by the public authorities for the welfare of the citizens. If in 1978 the fundamental elements of this model of welfare state were centered, for every citizen, in health protection and social security, the social development of our country has since come to place at a level of fundamental importance to social services, developed mainly by the Autonomous Communities, with special collaboration from the third sector, as the fourth pillar of the welfare system, for the attention to situations of dependency.

On the part of the public administrations, the needs of the elderly, and in general those affected by situations of dependency, have been addressed so far, fundamentally, from the regional and local areas, and in the framework of the Concerted Plan of Basic Benefits of Social Services, in which the General Administration of the State and within the State sphere also participates, the Action Plans for Persons with Disabilities and for Older Persons. On the other hand, the Social Security system has been taking on some elements of care, both in the care of older people and in situations linked to disability: great invalidity, aid supplements to third person in the non-contributory pension for invalidity and family benefit for a child in charge of disability, as well as the provision of social services in the area of re-education and rehabilitation to persons with disabilities and persons with assistance to persons greater.

It is an undeniable fact that the entities of the third sector of social action have been participating for years in the attention of people in a situation of dependency and supporting the effort of families and corporations. Local authorities in this field. These entities constitute an important social mesh that prevents the risks of exclusion of the affected persons.

The need to guarantee citizens, and the Autonomous Communities themselves, a stable framework of resources and services for the care of the dependency and its progressive importance now leads the State to intervene in this This law is a new form of social protection that extends and complements the protective action of the State and the Social Security System.

It is now a question of shaping a new development of the social services of the country that expands and complements the protective action of this system, enhancing the advance of the model of social state that enshrines the Spanish Constitution, enhancing the commitment of all public authorities to promote and provide the necessary resources to make a system of quality, guaranteed and fully universal social services effective. In this sense, the Care System of Dependence is one of the fundamental instruments to improve the situation of social services in our country, responding to the need for attention to situations of dependence and to the promotion of personal autonomy, quality of life and equal opportunities.

3. This Law regulates the basic conditions for the promotion of personal autonomy and care for people in a situation of dependence through the creation of a System for Autonomy and Attention to Dependence (SAAD), with collaboration and participation of all public administrations.

The main purpose of the System is the guarantee of the basic conditions and the forecast of the levels of protection referred to in this Law. To this end, it serves as a channel for the collaboration and participation of the Public Administrations and to optimize the public and private resources available. In this way, it configures a subjective right that is based on the principles of universality, equity and accessibility, developing a model of integral care for the citizen, which is recognized as a beneficiary of his participation in the System and which is administratively organized into three levels.

In this regard, the exclusive competence of the State to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of constitutional duties (article 149.1CE), justifies the regulation, by this Law, of the basic conditions for the promotion of personal autonomy and care for persons in a situation of dependence through the creation of a System for Autonomy and Care the Dependence with the collaboration and participation of all the Public Administrations, and with full respect for the powers that they have taken on social assistance in the development of Article 148.1.20 of the Constitution.

The Law establishes a minimum level of protection, defined and guaranteed financially by the General Administration of the State. Also, as a second level of protection, the Law provides for a system of cooperation and financing between the General Administration of the State and the Autonomous Communities by means of agreements for the development and implementation of the other benefits and services provided for in the Law. Finally, the Autonomous Communities will be able to develop, if they deem it appropriate, an additional third level of protection for citizens.

The very nature of the object of this Law requires a commitment and a joint action of all the public authorities and institutions, so coordination and cooperation with the Autonomous Communities is an element fundamental. For this reason, the law establishes a series of mechanisms of cooperation between the General Administration of the State and the Autonomous Communities, among which the creation of the Territorial Council of the System for Autonomy and Attention to Dependence stands out. Within the framework of the agreement between the administrations, the tasks of agreeing a framework for inter-administrative cooperation, the intensity of the services of the catalogue, the conditions and the amount of the economic benefits, the criteria for the participation of the beneficiaries in the cost of the services or the scale for the recognition of the situation of dependency, aspects that must allow the subsequent deployment of the System through the corresponding conventions with the Autonomous Communities.

It is therefore a matter of developing, on the basis of the competition framework, an innovative, integrated model based on inter-administrative cooperation and respect for competences.

The funding will be determined by the number of people in dependence and the services and benefits provided for in this Law, so the same will be stable, sufficient, sustained in time and guaranteed by the co-responsibility of the Public Administrations. In any event, the General Administration of the State shall guarantee the financing of the Autonomous Communities for the development of the minimum level of protection for the persons in the situation of dependence collected in this Law.

The System will treat all citizens in a situation of dependency in a fair way. Beneficiaries will contribute financially to the financing of services on a progressive basis according to their economic capacity, taking into account the type of service provided and the cost of the service.

The System will ensure the participation of entities representing persons in a situation of dependency and their families in their consultative bodies.

The participation of beneficiaries in the system and the complementarity and compatibility between different types of benefits will also be recognised in terms of development standards.

4. The Law is structured in a preliminary title; a title first with five chapters; a second title with five chapters; a third title; sixteen additional provisions; two transitional provisions and nine final provisions.

In its preliminary title it collects the provisions that refer to the object of the Law and the principles that inspire it, the rights and obligations of persons in a situation of dependence, and the holders of those rights.

Title I configures the System of Attention to Dependence, the collaboration and participation of all the Public Administrations in the exercise of their competences, through the various levels of protection in which administratively the services and services are organized. The necessary cooperation between Administrations is concrete in the creation of a Territorial Council of the System, in which the Local Corporations will be able to participate and the approval of a framework of interadministrative cooperation to develop through Agreements with each of the Autonomous Communities. In addition, the benefits of the System and the catalogue of services, the degrees of dependency, the basic criteria for their assessment, as well as the procedure for the recognition of the right to benefits are regulated.

Title II regulates measures to ensure the quality and effectiveness of the System, with the development of quality plans and evaluation systems, and with particular attention to the training and qualification of professionals and caregivers. In this same title the system of information of the agency is regulated, the Advisory Committee of the system in which the social agents will participate and it is given the character of consultative organs to the already created, State Council of Older Persons and of the National Disability Council and the State Council of Non-Governmental Organizations of Social Action.

Finally, the rules on infringements and sanctions linked to the basic conditions for guaranteeing the rights of citizens in a situation of dependency are regulated in Title III.

The additional provisions introduce the necessary changes in the state regulations arising from the regulation of this Law. Thus, references are made in the field of Social Security of non-professional caregivers, in the Law on the Income Tax of Physical Persons, in the regulations on disability, great invalidity and the need for third-person assistance, and the necessary modifications are foreseen to regulate the private coverage of the situations of dependency.

The transitional provision first regulates the financial participation of the State in the implementation of the System in a transitional period up to the year 2015, according to the forecasts of the calendar of implementation of the Law that is contained in the first disposition.

PRELIMINARY TITLE

General provisions

Article 1. Object of the Law.

1. The purpose of this Law is to regulate the basic conditions that guarantee equality in the exercise of the subjective right of citizenship to the promotion of personal autonomy and attention to persons in a situation of dependence, in terms of established in the laws, by the creation of a System for Autonomy and Attention to Dependence, with the collaboration and participation of all the Public Administrations and the guarantee by the General Administration of the State of a content Common minimum of rights for all citizens in any part of the territory of the State

2. The System for Autonomy and Attention to Dependence will respond to a coordinated and cooperative action of the General Administration of the State and the Autonomous Communities, which will consider measures in all areas that affect people in the situation of dependency, with the participation, if any, of the Local Entities.

Article 2. Definitions.

For the purposes of this Law, it is understood by:

1. Autonomy: the ability to control, cope and take, on its own initiative, personal decisions about how to live in accordance with their own rules and preferences, as well as to develop the basic activities of daily life.

2. Dependence: the state of permanent character in which people are found who, for reasons derived from age, disease or disability, and linked to the lack or loss of physical, mental, intellectual or sensory autonomy, need the attention of other persons or other persons or important aids for carrying out basic activities of daily life or, in the case of persons with intellectual disabilities or mental illness, of other supports for their personal autonomy.

3. Basic Activities of Daily Life (ABVD): the most elementary tasks of the person, which allow him to develop with a minimum of autonomy and independence, such as: personal care, basic domestic activities, essential mobility, recognize people and objects, orient, understand and execute simple orders or tasks.

4. Support needs for personal autonomy: those required by people with intellectual or mental disabilities to make effective a satisfactory degree of personal autonomy within the community.

5. Non-professional care: the care provided to people in a situation of dependency at home, by people in the family or in their surroundings, not linked to a professional care service.

6. Professional care: those provided by a public institution or entity, with and without a profit, or an autonomous professional whose purpose is the provision of services to persons in a situation of dependence, whether in their home or in a center.

7. Personal assistance: a service provided by a personal assistant who performs or collaborates in tasks of the daily life of a person in a situation of dependence, in order to promote his independent life, promoting and enhancing his autonomy personnel.

8. Third sector: private organizations arising from the citizens ' or social initiative, under different modalities that respond to criteria of solidarity, for purposes of general interest and non-profit, that promote the recognition and the exercise of social rights.

Article 3. Principles of Law.

This Act is inspired by the following principles:

(a) The public nature of the benefits of the System for Autonomy and Attention to Dependence.

b) Universality in the access of all persons in a situation of dependence, in conditions of effective equality and non-discrimination, in the terms established in this Law.

c) Care for people in a situation of dependency in a comprehensive and integrated way.

d) The mainstreaming of care policies for people in a situation of dependency.

e) The assessment of people's needs, based on equity criteria to ensure real equality.

f) The personalization of care, taking into account in a special way the situation of those who require more positive action as a consequence of having greater degree of discrimination or less equal opportunities.

g) The establishment of appropriate prevention, rehabilitation, social and mental stimulation measures.

h) The promotion of precise conditions so that people in a situation of dependency can lead a life with the greatest degree of autonomy possible.

i) The permanence of people in a situation of dependency, wherever possible, in the environment in which they develop their lives.

j) The quality, sustainability and accessibility of care services to people in a situation of dependency.

k) The participation of persons in a situation of dependency and, where appropriate, their families and entities representing them in the terms provided for in this Law.

l) The collaboration of social and health services in the provision of services to users of the System for Autonomy and Attention to the Dependence that are established in this Law and in the corresponding rules of the Autonomous Communities and those applicable to Local Entities.

m) The participation of private initiative in the services and benefits of promoting personal autonomy and attention to the situation of dependency.

n) The participation of the third sector in the services and benefits of promoting personal autonomy and attention to the situation of dependency.

n) Interadministrative cooperation.

o) The integration of the benefits established in this Law into the social services networks of the Autonomous Communities, in the field of the competences they have assumed, and the recognition and guarantee of their offer through concerted public or private centres and services.

p) The inclusion of the gender perspective, taking into account the different needs of women and men.

q) People in a situation of high dependency will be cared for in a preferential manner.

Article 4. Rights and obligations of persons in a situation of dependency.

1. Persons in a situation of dependence shall be entitled, regardless of the place of the territory of the Spanish State where they reside, to access, on an equal basis, the benefits and services provided for in this Law, in the set to the same.

2. In addition, persons in a situation of dependency shall enjoy all the rights set out in the legislation in force, and in particular of the following:

a) To enjoy human rights and fundamental freedoms, with full respect for their dignity and privacy.

b) To receive, in understandable and accessible terms, complete and ongoing information related to their dependency situation.

c) To be warned of whether the procedures applied to it can be used according to a teaching or research project, the prior authorization, express and written, of the person in situation of dependency or who represents it.

d) To be respected the confidentiality in the collection and processing of your data, in accordance with the Organic Law 15/1999, of December 13, of Protection of Personal Data.

e) To participate in the formulation and implementation of policies that affect their well-being, either individually or through partnership.

f) To decide, when it has the capacity to act sufficient, on the protection of its person and property, in the event of loss of self-government capacity.

g) To decide freely on residential income.

h) The full exercise of their jurisdictional rights in the case of involuntary internations, guaranteeing a contradictory process.

i) To the full exercise of their property rights.

j) To initiate administrative and judicial actions in defense of the law recognized by this Law in paragraph 1 of this article. In the case of minors or persons incapacitated judicially, they will be entitled to act on behalf of those who exercise parental rights or who have legal representation.

k) Equal opportunities, non-discrimination and universal accessibility, in any of the areas of development and application of this Law.

l) Not to be discriminated against because of sexual orientation or identity.

3. The public authorities shall take the necessary measures to promote and ensure respect for the rights listed in the preceding paragraph, without further limitations in their exercise than those directly resulting from the lack of capacity to act as determines their dependency situation.

4. Persons in a situation of dependency and, where appropriate, family members or those representing them, as well as the centres of assistance, shall be obliged to supply all the information and data required by the competent authorities, for the assessment of their degree and level of dependence; to communicate any kind of personalised aid they receive, and to apply the economic benefits to the purposes for which they were granted; or to any other obligation laid down in the legislation in force.

Persons in a situation of dependency and, where appropriate, their relatives or those representing them, shall not be required to provide information, data or documentation already held by the Public Administration requesting them or which, according to the current legislation, can be obtained by its own means.

Article 5. Rights holders.

1. Spaniards who meet the following requirements are the holders of the rights set out in this Law:

a) Find yourself in a dependency situation in any of the degrees set.

(b) For children under 3 years of age, the provision of the additional thirteenth provision shall apply.

c) Reside in Spanish territory and have done so for five years, of which two must be immediately prior to the filing date of the application. For children under five years of age, the period of residence will be required for those who exercise their custody and custody.

2. The persons who, meeting the above requirements, lack the Spanish nationality will be governed by the provisions of the Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, in the international treaties and conventions to be established with the country of origin. For minors who lack Spanish nationality, the provisions of the Law of the Minor in force, both in the state and the autonomous areas, as well as in international treaties, will be available.

3. The Government may establish protective measures in favour of Spanish non-residents in Spain.

4. The Government will establish, with the agreement of the Territorial Council of the System for Autonomy and Attention to Dependence, the conditions of access to the System of Attention to the Dependence of the Spanish emigrants returned.

TITLE I

The System for Autonomy and Care for Dependence

CHAPTER I

System Configuration

Article 6. Purpose of the System.

1. The System for Autonomy and Attention to Dependence guarantees the basic conditions and the common content referred to in this Law; it serves as a channel for the collaboration and participation of the Public Administrations, in the exercise of their (a) to improve the quality of life and to improve the quality of life and to improve the quality of life and to improve the quality of life and to improve the quality of life and the quality of life. citizens.

2. The System is configured as a network of public use that integrates, in a coordinated way, centers and services, public and private.

3. The integration into the System for Autonomy and Attention to the Dependence of the centers and services referred to in this article will not imply any alteration in the legal regime of its ownership, administration, management and dependence. organic.

Article 7. System protection levels.

The protection of the situation of dependency on the part of the System will be provided in the terms established in this Law and according to the following levels:

1. The minimum level of protection established by the General Administration of the State pursuant to Article 9.

2. The level of protection agreed between the General Administration of the State and the Administration of each of the Autonomous Communities through the Conventions provided for in Article 10.

3. º The additional level of protection that each Autonomous Community can establish.

Article 8. Territorial Council of the System for Autonomy and Attention to Dependence.

1. The Territorial Council of the System for Autonomy and Attention to Dependence is created as an instrument of cooperation for the articulation of the System. The Council shall be constituted by the holder of the Ministry of Labour and Social Affairs, and by a representative of each of the Autonomous Communities, by bringing that representation to the member of the Governing Council of its own The powers in this field. The Council shall also include a number of representatives of the various ministerial departments. The composition will have a majority of representatives of the Autonomous Communities.

2. Without prejudice to the competences of each of the member public administrations, it is up to the Council, in addition to the functions expressly attributed to it by this Law, to exercise the following:

(a) Agree on the Framework for Inter-Administrative Cooperation for the Development of the Law provided for in Article 10.

b) Establish the criteria for determining the intensity of protection of the services provided in accordance with Articles 10.3 and 15.

(c) Agree to the terms and conditions of the economic benefits provided for in Article 20 and the first provision.

d) Adopt the beneficiary's participation criteria in the cost of services.

e) Agreed to the scale referred to in Article 27, with the basic criteria of the valuation procedure and the characteristics of the valuation bodies.

f) Agree, where appropriate, with plans, projects, and joint programs.

g) Adopt common system performance and evaluation criteria.

h) Facilitate the making available of common documents, data, and statistics.

i) Establish coordination mechanisms for the case of displaced persons in a situation of dependency.

j) Report on the state development regulations on dependency and in particular the rules provided for in Article 9.1.

k) Serve as a means of cooperation, communication and information among public administrations.

The Territorial Council of the System, once constituted, will agree on its rules in terms of operation and Presidency.

Article 9. Participation of the General Administration of the State.

1. The Government, heard the Territorial Council of the System for Autonomy and Attention to Dependence, will determine the minimum level of guaranteed protection for each of the beneficiaries of the System, according to the degree and level of its dependence, as basic condition of guarantee of the right to the promotion of personal autonomy and attention to the situation of dependency.

2. Public financing of this level of protection shall be borne by the General Administration of the State, which shall annually fix the economic resources in the General Budget Law of the State in accordance with the criteria laid down in the Article 32.

Article 10. Cooperation between the General Administration of the State and the Autonomous Communities.

1. Within the Territorial Council of the System for Autonomy and Attention to Dependence, the General Administration of the State and the Autonomous Communities will agree on the framework of inter-administrative cooperation that will be developed through the corresponding Conventions between the General Administration of the State and each of the Autonomous Communities.

2. Through the Conventions referred to in the previous paragraph, the General Administration of the State and the Autonomous Communities shall agree on the objectives, means and resources for the implementation of the services and services provided in the Chapter. II of this Title, increasing the minimum level of protection set by the State in accordance with Article 9.

3. In application of the provisions of the previous paragraph, the Territorial Council of the System for Autonomy and Attention to Dependence shall establish the criteria for determining the intensity of protection of each of the services provided for in the Catalogue, and the compatibility and incompatibility between them, for approval by the Government through Royal Decree.

4. The Conventions shall provide for the funding to be provided by each Administration for this level of benefit, in accordance with the terms set out in Article 32 and in the first transitional provision of this Law, as well as the terms and conditions for its review. Similarly, the Conventions shall collect the contributions of the State arising from the guarantee of the level of protection defined in Article 9.

Article 11. Participation of Autonomous Communities in the System.

1. Within the framework of the System for Autonomy and Attention to Dependence, they correspond to the Autonomous Communities, without prejudice to the competences that are their own according to the Spanish Constitution, the Statutes of Autonomy and the legislation in force, the following functions:

(a) Plan, order, coordinate and direct, in the field of their territory, the services of promoting personal autonomy and care for people in a situation of dependency.

b) Manage, in its territorial scope, the services and resources necessary for the assessment and care of the dependency.

(c) Establish the social and health coordination procedures, creating, where appropriate, the coordinating bodies to ensure effective care.

d) Create and update the Registry of Centers and Services, providing proper accreditation to ensure compliance with quality requirements and standards.

e) Ensure the elaboration of the corresponding Individual Care Programs.

f) Inspect and, where appropriate, sanction non-compliance with the requirements and standards of quality of the centres and services and with respect to the rights of the beneficiaries.

g) Evaluate periodically the operation of the System in its respective territory.

(h) To provide the General Administration of the State with the information necessary for the application of the financing criteria provided for in Article 32.

2. In any event, the Autonomous Communities, in accordance with Article 7, may define, from their budgets, additional levels of protection to that set by the General Administration of the State pursuant to Article 9 and the agreed, where appropriate, in accordance with Article 10, for which they may adopt the rules of access and enjoyment which they consider to be most appropriate.

Article 12. Participation of Local Entities.

1. The Local Entities will participate in the management of the services of care to persons in a situation of dependence, in accordance with the regulations of their respective Autonomous Communities and within the competences that the current legislation attributes.

2. The Local Entities may participate in the Territorial Council of the System for Autonomy and Attention to the Dependence in the form and conditions that the Council itself has.

CHAPTER II

Services and Services Catalog for Autonomy and Care System Care Services

Section 1. System Prstations

Article 13. Objectives of the dependency capabilities.

Attention to people in a situation of dependency and the promotion of their personal autonomy should be directed towards achieving a better quality of life and personal autonomy, in a framework of effective equality of opportunity, agreement with the following objectives:

a) Facilitate an autonomous existence in your usual environment, as long as you want and be possible.

b) Provide decent treatment in all areas of your personal, family and social life, facilitating your active incorporation into the life of the community.

Article 14. Attention to dependency capabilities.

1. The provision of services for care may be of the nature of services and economic benefits and shall be designed, on the one hand, to promote personal autonomy and, on the other, to meet the needs of persons with disabilities. difficulties in carrying out the basic activities of daily life.

2. The services of the Article 15 Catalogue shall be of priority and shall be provided through the public offering of the Social Services Network by the respective Autonomous Communities by means of public or private services. duly accredited.

3. If no attention is paid to any of these services, the related economic benefit provided for in Article 17 shall be incorporated in the Conventions referred to in Article 10. This benefit shall be intended to cover the costs of the service provided for in the Individual Care Programme referred to in Article 29, and must be provided by an accredited institution or centre for the care of the dependency.

4. The beneficiary may, exceptionally, receive an economic benefit to be cared for by non-professional carers, provided that adequate conditions of coexistence and housing habitability are provided and so established by the beneficiary's programme. Individual Care.

5. Persons in a situation of dependency may receive an economic benefit from personal assistance in the terms of Article 19.

6. The priority in access to services will be determined by the degree and level of dependence and, at the same level and level, by the economic capacity of the applicant. Until the network of services is fully implemented, persons in a situation of dependency who are unable to access the services by application of the priority scheme shall be entitled to the economic benefit provided for in the Article 17 of this Act.

7. For the purposes of this Law, the economic capacity will be determined, in the form that will be regulated, at the proposal of the Territorial Council of the System for Autonomy and Attention to Dependence, in the attention of the income and the patrimony of the applicant. The age of the beneficiary and the type of service provided shall be taken into account in the heritage consideration.

Article 15. Catalog of services.

1. The Service Catalog comprises the social services of promoting personal autonomy and attention to dependency, in the terms specified in this chapter:

(a) Services in the prevention of situations of dependency and those of promoting personal autonomy.

b) Teleassistance service.

c) Home Help Service:

(i) Attention to the needs of the home.

(ii) Personal care.

d) Day and Night Center Service:

(i) Day Center for seniors.

(ii) Day Center for under-65s.

(iii) Specialized Care Day Center.

(iv) Night Center.

e) Residential Care Service:

(i) Residency of older people in a dependency situation.

(ii) Center for care for people in a situation of dependency, because of the different types of disability.

2. The services provided for in paragraph 1 are regulated without prejudice to the provisions of Article 14 of Law 16/2003 of 28 May of Cohesion and Quality of the National Health System.

Article 16. Network of Services of the System for Autonomy and Attention to Dependence.

1. The benefits and services provided for in this Law are integrated into the Social Services Network of the respective Autonomous Communities in the field of the competences that they have assumed. The network of centres will be made up of the public centres of the Autonomous Communities, of the Local Entities, the state centres of reference for the promotion of personal autonomy and for the care and care of situations of dependency, thus as duly accredited private parties.

2. The Autonomous Communities shall lay down the legal arrangements and the conditions of action of the private institutions. In addition to the network, account shall be taken of the third sector in particular.

3. Non-agreed private centres and services providing services for persons in a situation of dependency shall have due accreditation from the relevant Autonomous Community.

4. The public authorities will promote the solidarity of the citizens with the people in a situation of dependency, through the participation of the voluntary organizations and the entities of the third sector.

Section 2. Economic Benefits

Article 17. Economic benefit linked to the service.

1. The economic performance, which shall be of a periodic nature, shall be recognised, in the terms laid down, only where access to a public or concerted care and care service is not possible, depending on the degree and level of dependence and the economic capacity of the beneficiary, as provided for in the agreement concluded between the General Administration of the State and the corresponding Autonomous Community.

2. This economic performance of a personal nature shall in any event be linked to the acquisition of a service.

3. The competent public authorities shall, in any event, supervise the use and use of these services for the purpose for which they were granted.

Article 18. Economic provision for care in the family environment and support for non-professional carers.

1. Exceptionally, where the beneficiary is being cared for by his family environment, and the conditions laid down in Article 14 (4) are met, an economic benefit for family care shall be recognised.

2. Prior agreement of the Territorial Council of the System for Autonomy and Attention to Dependence, the conditions of access to this benefit will be established, depending on the degree and level recognized to the person in a situation of dependence and his/her economic capacity.

3. The caregiver must comply with the rules on affiliation, discharge and social security contributions to be determined by law.

4. The Territorial Council of the System for Autonomy and Care for Dependence will promote actions to support non-professional caregivers who will incorporate training programs, information and measures to address rest periods.

Article 19. Economic provision of personal assistance.

The economic benefit of personal assistance is intended to promote the autonomy of people with great dependence. Its objective is to contribute to the recruitment of personal assistance, for a number of hours, to provide the beneficiary with access to education and work, as well as a more autonomous life in the exercise of the basic activities of life. daily. Prior agreement of the Territorial Council of the System for Autonomy and Attention to Dependence, the specific conditions of access to this benefit will be established.

Article 20. The amount of financial benefits.

The amount of the economic benefits regulated in the articles of this Section will be agreed by the Territorial Council of the System for Autonomy and Attention to Dependence, for later approval by the Government. by Royal Decree.

Section 3. Services promoting personal autonomy and care and care

Article 21. Preventing dependency situations.

It is intended to prevent the occurrence or aggravation of diseases or disabilities and their sequelae, through the coordinated development, between the social and health services, of actions to promote conditions of healthy life, specific preventive and rehabilitation programmes aimed at the elderly and people with disabilities and those affected by complex hospitalization processes. To this end, the Territorial Council of the System for Autonomy and Attention to the Dependence will agree on criteria, recommendations and minimum conditions that should be met by the Prevention Plans of the Dependence Situations that Autonomous Communities, with special consideration of the risks and actions for the elderly.

Article 22. Teleassistance service.

1. The Teleassistance service provides assistance to beneficiaries through the use of communication and information technologies, with the support of the necessary personal means, in immediate response to emergency situations, or insecurity, loneliness and isolation. It can be an independent or complementary service to home help.

2. This service will be provided to people who do not receive residential care services and so establish their Individual Care Program.

Article 23. Home Help Service.

The home help service is the set of actions carried out at the home of persons in a situation of dependence in order to meet their daily life needs, provided by entities or companies, accredited for this function:

a) Services related to household or household needs: cleaning, washing, cooking, or other.

b) Services related to personal attention, in the realization of the activities of daily life.

Article 24. Day and Night Center service.

1. The Day or Night Center service offers comprehensive attention during the day or night period to persons in a situation of dependence, with the objective of improving or maintaining the best possible level of personal autonomy and supporting the families or carers. In particular, it covers, from a biopsychosocial approach, the needs of counselling, prevention, rehabilitation, guidance for the promotion of autonomy, empowerment or care and personnel.

2. The typology of centres will include Day Centres for under-65s, Day Centres for the Elderly, Centres for Day of Care specialised for the specificity of the care they offer and Night Centres, which will be adapted to the peculiarities and ages of people in a situation of dependency.

Article 25. Residential Care Service.

1. The residential care service offers, from a biopsychosocial approach, continued services of a personal and health nature.

2. This service will be provided in the residential centers enabled for the purpose according to the type of dependency, degree of the same and intensity of care that the person needs.

3. The provision of this service may be of a permanent nature, where the residential centre becomes the habitual residence of the person, or temporary, when temporary stays of convalescence or during holidays are provided, weekends and diseases or rest periods of non-professional carers.

4. The residential care service will be provided by the Public Administrations in their own and concerted centers.

CHAPTER III

The dependency and its assessment

Article 26. Degrees of dependency.

1. The dependency situation will be sorted into the following grades:

a) Grade I. Moderate dependence: when the person needs help to perform several basic activities of daily life, at least once a day or has intermittent or limited support needs for their personal autonomy.

b) Grade II. Severe dependency: when the person needs help to perform several basic activities of daily life two or three times a day, but does not want the permanent support of a caregiver or has extensive support needs for their personal autonomy.

c) Grade III. Great dependency: when the person needs help to perform several basic activities of daily life several times a day and, because of his total loss of physical, mental, intellectual or sensory autonomy, he needs the indispensable and continuous support of another person or has widespread support needs for their personal autonomy.

2. Each of the degrees of dependency laid down in the previous paragraph shall be classified in two levels, depending on the autonomy of the persons and the intensity of the care required.

3. The intervals for the determination of grades and levels shall be laid down in the scale referred to in the following

.

Article 27. Assessment of the dependency situation.

1. The Autonomous Communities will determine the organs of assessment of the situation of dependence, which will issue an opinion on the degree and level of dependence, with specification of the care that the person may require. The Territorial Council shall agree on common criteria for the composition and performance of the assessment bodies of the Autonomous Communities which shall, in any event, be of a public nature.

2. The degree and levels of dependence, for the purposes of their assessment, will be determined by the implementation of the scale that will be agreed upon in the Territorial Council of the System for Autonomy and Attention to the Dependence for its subsequent approval by the Government by Royal Decree. The International Classification of Functioning, Disability and Health (CIF), adopted by the World Health Organization, shall be among its references.

3. The scale shall establish the objective criteria for assessing the degree of autonomy of the person, his ability to carry out the various activities of daily life, the intervals of punctuation for each of the grades and levels of dependence, and the protocol with the procedures and techniques to be followed for the assessment of the skills observed, if any.

4. The scale shall assess the capacity of the person to carry out the basic activities of daily life itself, as well as the need for support and supervision for the performance of people with intellectual or disease disabilities. mental.

5. The assessment shall be carried out taking into account the relevant reports on the health of the person and the environment in which he lives, and considering, where appropriate, the technical aids, ortheses and prostheses that have been prescribed for him.

CHAPTER IV

Recognition of the right

Article 28. Procedure for the recognition of the situation of dependency and the right to benefits of the System.

1. The procedure shall be initiated at the request of the person who may be affected by some degree of dependency or of the person representing his or her representation, and its processing shall be in accordance with the provisions laid down in Law No 30/1992 of 26 November 1992. Legal status of public administrations and the Common Administrative Procedure, with the specific characteristics of this Law.

2. The recognition of the situation of dependence shall be effected by a decision issued by the Autonomous Administration corresponding to the residence of the applicant and shall be valid throughout the territory of the State.

3. The resolution referred to in the preceding paragraph shall determine the services or services corresponding to the applicant according to the degree and level of dependence.

4. In the event of a change of residence, the Autonomous Community of destination shall determine, depending on its network of services and benefits, those corresponding to the person in a situation of dependency.

5. The basic procedural criteria for the recognition of the situation of dependence and the common characteristics of the organ and professionals that come to the recognition will be agreed by the Territorial Council of the System for Autonomy and Attention to Dependence.

6. The services of assessment of the situation of dependence, the prescription of services and benefits and the management of the economic benefits provided for in this Law, will be carried out directly by the Public Administrations not being able to be the object of delegation, hiring or concert with private entities.

Article 29. Individual Care Program.

1. Within the framework of the procedure for the recognition of the situation of dependency and the corresponding benefits, the corresponding social services of the public system shall establish an Individual Care Programme to determine the arrangements for intervention which are more appropriate to the needs of the services and economic services provided for in the resolution for their degree and level, with participation after consultation and, where appropriate, choice between the proposed alternatives of the beneficiary and, where appropriate, of his family or tutelary entities representing him.

2. The individual attention programme will be reviewed:

a) At the request of the interested party and their legal representatives.

(b) ex officio, in the form it determines and with the periodicity provided for in the regulations of the Autonomous Communities.

c) On the occasion of the change of residence to another Autonomous Community.

Article 30. Review of the degree or level of dependency and the recognised benefit.

1. The degree or level of dependence shall be reviewable, at the request of the person concerned, of his representatives or of trade by the competent Public Administrations, for one of the following reasons:

a) Improvement or worsening of the dependency situation.

b) Diagnostic error or in the application of the corresponding scale.

2. The benefits may be modified or extinguished according to the personal situation of the beneficiary, where there is a variation of any of the requirements laid down for recognition or for non-compliance with the obligations regulated in this Law.

Article 31. Similar nature and purpose capabilities.

The perception of one of the economic benefits provided for in this Law will deduct from its amount any other provision of similar nature and purpose established in the public social protection schemes. In particular, the supplement to a large degree of invalidity as laid down in Article 139.4 of the General Law on Social Security, recast text adopted by Royal Legislative Decree 1/1994 of 20 June, the supplement to the economic allocation, will be deducted. for a child under 18 years of age with a degree of disability equal to or greater than 75%, the need for another person in the non-contributory invalidity pension, and the third-person aid allowance of Law 13/1982 of 7 April of Integration Social of the Disabled (LISMI).

CHAPTER V

System Financing and beneficiaries ' input

Article 32. Financing of the System by Public Administrations.

1. System funding shall be sufficient to ensure compliance with the obligations of the competent public administrations and shall be determined annually in the relevant budgets.

2. The General Administration of the State shall fully assume the cost arising from the provisions of Article 9.

3. In the framework of the inter-administrative cooperation provided for in Article 10, the Conventions to be signed between the General Administration of the State and each of the administrations of the Autonomous Communities shall determine the obligations assumed. for each of the parties for the financing of the services and benefits of the System. These Conventions, which may be annual or multiannual, shall include criteria for allocation taking into account the dependent population, geographical dispersion, insularity, returned emigrants and other factors, and may be reviewed by the parts.

The contribution of the Autonomous Community shall be, for each year, at least equal to that of the General Administration of the State as a result of the provisions of this paragraph and the previous paragraph.

Article 33. The participation of beneficiaries in the cost of benefits.

1. The beneficiaries of the dependency benefits shall participate in the financing of the benefits, depending on the type and cost of the service and their personal economic capacity.

2. The economic capacity of the beneficiary shall also be taken into account for the determination of the amount of economic benefits.

3. The Territorial Council of the System for Autonomy and Attention to Dependence shall set the criteria for the application of the provisions of this article, which shall be developed in the Conventions referred to in Article 10.

To determine the beneficiary's participation, the distinction between care and maintenance services and hoteliers will be taken into account.

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

TITLE II

The Quality and Effectiveness of the System for Autonomy and Care for Dependence

CHAPTER I

Measures to ensure System Quality

Article 34. Quality in the System for Autonomy and Attention to Dependence.

1. The System for Autonomy and Care for Dependence will foster the quality of care for dependency in order to ensure the effectiveness of benefits and services.

2. Without prejudice to the powers of each of the Autonomous Communities and the General Administration of the State, common criteria for the accreditation of quality centres and plans shall be established within the framework of the Territorial Council. The System for Autonomy and Attention to Dependence, within the general framework of the quality of the General Administration of the State.

3. Furthermore, without prejudice to the powers of the Autonomous Communities and the General Administration of the State, the Territorial Council shall agree:

a) Quality and security criteria for centers and services.

b) Quality indicators for assessment, continuous improvement and comparative analysis of the System's centers and services.

c) Good practice guides.

(d) Letters of services, adapted to the specific conditions of dependent persons, under the principles of non-discrimination and accessibility.

Article 35. Quality in the provision of services.

1. Essential standards of quality will be established for each of the services that make up the Catalogue governed by this Law, with the agreement of the Territorial Council of the System for Autonomy and Attention to Dependence.

2. Residential centres for persons in a situation of dependency must have an internal rules of procedure, regulate their organisation and operation, include a quality management system and establish the participation of users, in a manner determined by the competent authority.

3. The quality of the job will be given specific attention, as well as the promotion of professionalism and the promotion of training in those entities that aspire to manage benefits or services of the Autonomy and Care System. Dependency.

CHAPTER II

Dependency on dependency

Article 36. Training and qualification of professionals and carers.

1. The basic and permanent training of professionals and carers who tend to people in a situation of dependency will be addressed. To this end, the public authorities shall determine the appropriate professional qualifications for the performance of the functions corresponding to the Service Catalogue set out in Article 15.

2. The public authorities will promote the programs and training actions that are necessary for the implementation of the services provided by the Law.

3. With the aim of ensuring the quality of the system, collaboration between the various public administrations responsible for education, health, employment and social affairs, as well as those with the universities, will be encouraged. scientific societies and professional and trade union, employer and third sector organisations.

CHAPTER III

Information System

Article 37. System of information of the System for Autonomy and Attention to Dependence.

1. The Ministry of Labour and Social Affairs, through the competent body, will establish a system of information of the System for Autonomy and Attention to Dependence that guarantees the availability of information and mutual communication between the public administrations, as well as the compatibility and articulation between the different systems. To this end, the objectives and contents of the information will be agreed within the Territorial Council of the System for Autonomy and Attention to Dependence.

2. The system shall contain information on the Service Catalogue and shall incorporate, as essential data, those relating to the protected population, human resources, network infrastructure, results obtained and quality in the provision of services.

3. The information system will specifically provide for the implementation of statistics for state purposes in relation to dependency, as well as for the general interest and those resulting from commitments with supranational organisations and

Article 38. Communications network.

1. The Ministry of Labour and Social Affairs, through the preferential use of the common communications infrastructures and telematic services of the Public Administrations, will make available to the System for Autonomy and Attention to Dependence on a network of communications that it provides and guarantees of protection to the exchange of information among its members.

2. The use and transmission of the information in this network will be subject to compliance with the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Data, and the requirements of electronic certification, signature electronic and encrypted, in accordance with current legislation.

3. This communication network will exchange information on the infrastructure of the system, the situation, degree and level of dependence of the beneficiaries of the benefits, as well as any other information derived from the needs of the information in the System for Autonomy and Attention to Dependence.

CHAPTER IV

Fraud action

Article 39. Administrative action against fraud.

Public Administrations will ensure the correct application of public funds for the Autonomy and Care System, preventing the obtaining or fraudulent enjoyment of their benefits and other services. benefits or financial assistance which may be received by the subjects participating in the scheme or who are beneficiaries of the scheme. They shall also establish control measures to detect and prosecute such situations.

For such purposes, the Public Administrations shall develop actions to monitor compliance with this Law and shall exercise the sanctioning powers as provided for in Title III thereof, using, where appropriate, of the forms of interadministrative cooperation contained in this Law.

CHAPTER V

Advisory Bodies of the System for Autonomy and Care for Dependence

Article 40. Advisory Committee.

1. The Advisory Committee of the System for Autonomy and Attention to Dependence is hereby established as an advisory body, attached to the Ministry of Labor and Social Affairs, through which the social participation in the System and institutional participation of trade union and business organizations in the system.

2. Its tasks shall be to inform, advise and formulate proposals on matters which are of particular interest to the operation of the System.

3. The composition of the Committee shall be of a tripartite nature, in so far as it is composed of public administrations, employers ' organisations and trade union organisations, and joint authorities between public administrations and organisations. trade unions and employers on the other hand, in the terms set out in the following paragraph. The Committee's agreements shall be adopted by a majority of the votes cast in each of the parties, thus requiring the majority of the votes of the Public Administrations and the majority of the votes of the trade union and business organizations.

4. The Advisory Committee shall be chaired by the representative of the General Administration of the State designated by the Minister of Labour and Social Affairs. Its operation shall be governed by its rules of procedure. It shall be composed of the following members, appointed in terms of regulations:

a) Six representatives of the General Administration of the State.

(b) Six representatives of the administrations of the Autonomous Communities.

c) Six representatives of local entities.

d) Nine representatives of the most representative business organizations.

e) Nine representatives of the most representative trade union organizations.

Article 41. Advisory bodies.

1. They will be consultative bodies of institutional participation of the System for Autonomy and Attention to Dependence the following:

The Advisory Committee of the System for Autonomy and Attention to Dependence.

The State Council of Older People.

The National Disability Council.

The State Council of Non-Governmental Organizations of Social Action.

2. The functions of these bodies shall be to inform, advise and formulate proposals on matters which are of particular interest to the operation of the System.

TITLE III

Violations and penalties

Article 42. Responsible.

1. Only natural or legal persons who are responsible for such offences may be penalised for acts constituting an administrative offence.

2. Authors of the offences defined by this Law are considered to be responsible for carrying out the acts themselves, jointly or through an individual.

3. They shall also be considered by authors to cooperate in their execution by means of an action or omission without which the infringement could not have been carried out.

Article 43. Violations.

Constitute violation:

a) Hinder or impede the exercise of any of the rights recognized in this Law.

b) Obstructing the action of the inspection services.

c) Negate the provision of information or provide false data.

(d) Apply the economic benefits for purposes other than those for which they are granted, and receive aid, in kind or in economic terms, incompatible with the benefits provided for in this Law.

e) Failure to comply with the rules on the authorisation of the opening and operation and accreditation of service centres for persons in a situation of dependency.

f) Treat people in a situation of dependency discriminatorily.

g) Conculcating the dignity of people in a situation of dependency.

h) Generate damage or risk situations for physical or mental integrity.

i) Failure to meet the specific requirements of the relevant Public Administrations.

Article 44. Classification of the infringements.

1. The infringements shall be classified as minor, serious and very serious, in accordance with criteria of risk to health, severity of the social change caused by the facts, the amount of the benefit obtained, the intentionality, the number of persons concerned and recidivism.

2. The offences established in accordance with Article 43 shall be classified as minor where they have been committed for recklessness or simple negligence, and do not result in direct harm to persons in a situation of dependency.

3. They shall be classified as serious infringements as defined in accordance with Article 43 where they cause harm to persons, or have been committed with either intentional or gross negligence. They will also have serious consideration, those that behave in any of the following circumstances:

a) Reincidence of mild lack.

b) Absolute refusal to provide information or to provide collaboration with the inspection services, as well as the distortion of the information provided to the Administration.

c) Coactions, threats, retaliation or any other form of pressure exercised on persons in a situation of dependency or their families.

4. They shall be classified as very serious infringements, all defined as serious, provided that one of the following conditions is present:

a) That they seriously attack the fundamental rights of the person.

b) That serious harm is generated for persons in a situation of dependency or for the Administration.

c) That they assume severe foul recidivism.

5. There is a recurrence when, in committing the offence, the subject has already been punished for the same fault, or for another one of equal or greater gravity or for two or more infractions of lower gravity, for the last two years.

Article 45. Penalties.

1. Infringements of this Law shall be sanctioned by the competent authorities with a loss of benefits and grants for beneficiaries; with a fine for non-professional carers; and with a fine and, where appropriate, a loss of grants, temporary cessation of the activity or closure of the establishment, premises or enterprise for the service providers. In any event, the penalty shall involve the reimbursement of the amounts unduly paid.

2. The graduation of the penalties shall be proportionate to the offence committed and shall be established by weighting according to the following criteria:

a) Severity of the violation.

b) Severity of social disruption and damage caused.

c) Risk to health.

d) The number of affected.

e) Profit obtained.

f) Degree of intentionality and reiteration.

3. The graduation of the fines will be adjusted to the following:

(a) For a minor offence, a fine of up to EUR 300 for carers and up to thirty thousand euros for service providers.

b) For serious infringement, fine of three hundred to three thousand euros to the caregivers; and of thirty thousand one to ninety thousand euros to the service providers.

c) For very serious infringement, fine of three thousand one to six thousand euros to the carers; and of ninety thousand one up to a maximum of one million euros to the service providers.

4. In cases where the suspension of benefits or grants is agreed, the suspension shall be graduated between one and six months according to the seriousness of the infringement.

5. In addition, in cases of particular seriousness, the effect of the infringement or significant and serious offence, the very serious infringements shall be punishable by the temporary suspension of the activity for a maximum of five years or, where appropriate, with the closure of the company or the closure of the service or establishment.

6. During the substantiation of the sanctioning procedure, the competent authority may, as a precautionary measure, agree to the suspension of any aid or grant of a financial nature which the individual or the offending entity has obtained or requested from such Public Administration.

7. During the proceedings for serious or very serious infringements, and in the light of the possibility of making damage difficult or impossible to repair, the competent authority may, as a precautionary measure, agree to the closure of the centre or the suspension of the activity.

Article 46. Prescription.

1. The offences referred to in this Law shall be prescribed:

a) A year, the mild ones.

b) At three years, the severe ones.

c) At four years, the very serious ones.

2. The limitation period shall start from the day on which the offence has been committed and shall be interrupted by the initiation, with the knowledge of the person concerned, of the sanctioning procedure.

3. Penalties imposed for very serious misconduct will be prescribed at five years, for serious misconduct at the age of four and for minor faults a year.

Article 47. Competencies.

1. The Autonomous Communities shall develop the table of offences and penalties provided for in this Law.

2. The opening and instruction of the sanctioning files, as well as the imposition of the corresponding penalties, shall be the responsibility of each public administration in the field of their respective powers.

3. Within the scope of the General Administration of the State, it shall be competent to impose penalties for conduct intended as infringements in Article 43:

(a) The head of the Directorate-General of the Institute of Senior and Social Services, in the case of penalties for the commission of minor infractions.

(b) The holder of the Secretary of State for Social Services, Families and Disability, in the case of penalties for the commission of serious infringements.

(c) The holder of the Ministry of Labour and Social Affairs, in the case of penalties for the commission of very serious infringements, although the prior agreement of the Council of Ministers will be required when the penalties are of exceeding EUR 300 000 or in the case of closure of the undertaking or closure of the service or establishment.

Additional disposition first. Financing of benefits and services guaranteed by the General Administration of the State.

The General Budget Law of the State of each financial year shall determine the amount and form of payment to the Autonomous Communities of the amounts necessary for the financing of the services and benefits provided for in the Article 9 of this Law.

Additional provision second. Regime applicable to the Convention and Convention systems.

The financing of the services and benefits of the System in the Autonomous Community of the Basque Country and in the Autonomous Community of Navarre which corresponds, as provided for in Article 32 of this Law, to the General Administration of the State in charge of its budget of expenditure shall be taken into account in the calculation of the Basque quota and the contribution of navarra, in accordance with the Economic Concert between the State and the Community of the Basque Country and with the Economic Convention between the State and The Community of Navarre, respectively.

Additional provision third. Economic aid to facilitate personal autonomy.

The General Administration of the State and the Administrations of the Autonomous Communities may, in accordance with their budgetary resources, establish specific agreements for the granting of financial aid for the purpose of to facilitate personal autonomy. Such aid shall have the status of subsidisation and shall be used:

a) To support the person with technical aids or instruments necessary for the normal development of their ordinary life.

b) To facilitate accessibility and accommodations in the home that contribute to improving their ability to travel in housing.

Additional provision fourth. Social security of non-professional carers.

The Government will determine the incorporation into the Social Security of the non-professional caregivers in the applicable Regime, as well as the requirements and procedure of affiliation, discharge and quotation.

Additional provision fifth. Registration of Public Social Benefits.

The economic benefit linked to the service, the economic benefit for care in the family environment and the economic benefit of personalized assistance, regulated in this law, are integrated in the Register of Benefits Public Social. To this end, the entities and bodies managing such benefits shall be obliged to provide the data which, in respect of which they have been granted, shall be laid down in the implementing rules of this Law.

Additional provision sixth. Amendment of the Royal Legislative Decree 3/2004 of 5 March, approving the recast text of the Law on the Income Tax of the Physical Persons.

A new paragraph is added to Article 7 of the recast text of the Law on the Income Tax of the Physical Persons, approved by Royal Legislative Decree 3/2004, dated March 5, with the following text:

" v) The public economic benefits linked to the service for care in the family environment and personalized assistance deriving from the Law on the Promotion of Personal Autonomy and Care for People in dependency situation. "

Additional provision seventh. Private instruments for the coverage of the dependency.

1. The government will, within six months, promote the legislative changes that will be made, in order to regulate the private coverage of the situations of dependency.

2. In order to facilitate the co-financing by the beneficiaries of the services set out in this Law, the regulation of the tax treatment of the private instruments covering the dependency shall be promoted.

Additional disposition octave. Terminology.

The references in normative texts to "disabled people" and "disabled people" will be understood as "persons with disabilities".

As of the entry into force of this Law, the normative provisions developed by the Public Administrations will use the terms "person with disabilities" or "persons with disabilities" to name them.

Additional provision ninth. Effectiveness of the recognition of existing situations of great disability and the need for third-party assistance.

Those who have recognized the pension of great invalidity or the need for third person assistance according to Royal Decree 1971/1999, of 23 December, of Procedure for the recognition, declaration and qualification of the grade The requirement to find themselves in a situation of dependency, in the degree and level of the regulatory development of this Law, will be recognized.

Additional provision 10th. Research and development.

1. The public authorities will encourage innovation in all aspects related to the quality of life and the care of people in a situation of dependency. To do this, they will promote research in areas related to dependency on R & D + I. plans.

2. The Public Administrations will facilitate and support the development of technical regulations, so as to ensure non-discrimination in processes, designs and developments of technologies, products and services, in collaboration with the organizations of normalization and all the agents involved.

Additional provision eleventh. Cities of Ceuta and Melilla.

The Ministry of Labor and Social Affairs will sign agreements with the cities of Ceuta and Melilla on centers and services of care to the dependency in both cities, being able to participate in the Territorial Council of the System in the way it determines.

Additional disposition twelfth. Foral, Cabildos and Insular Councils.

In the participation of the territorial entities in the System for Autonomy and Attention to Dependence, the specific characteristics of the Foral Diputations will be taken into account in the case of the Autonomous Community of the Country. Basque, to the Cabildos in the case of the Autonomous Community of the Canary Islands and to the Island Councils in the case of the Autonomous Community of Balearic Islands.

Additional disposition thirteenth. Protection of children under 3 years of age.

1. Without prejudice to the services established in the educational and health fields, the System for Autonomy and Attention to Dependence will address the needs of home help and, where appropriate, related economic benefits and care in the family environment in favour of those under 3 years of age who are accredited in a situation of dependency. The valuation instrument provided for in Article 27 of this Law will incorporate a specific valuation scale for these purposes.

2. Attention to children under the age of 3, in accordance with the provisions of the previous paragraph, will be integrated into the various levels of protection laid down in Article 7 of this Law and its forms of financing.

3. Within the Territorial Council of the System for Autonomy and Attention to Dependence, the adoption of a comprehensive plan of care for these children under 3 years of age, in which the measures to be adopted are contemplated, will be promoted. by the Public Administrations, without prejudice to their powers, to facilitate early care and rehabilitation of their physical, mental and intellectual abilities.

Additional disposition fourteenth. Promoting the employment of people with disabilities.

Private entities that aspire to manage benefits or services of the System for Autonomy and Attention to the Dependence will have to accredit on a prior basis, in the event that they are obliged to do so, the fulfilment of the reserve quota for persons with disabilities or, failing that, the exceptional measures laid down in Article 38 of Law 13/1082 of 7 April on the Social Integration of the Disabled and regulated in the Royal Decree 364/2005 of 8 April.

Additional provision 15th. Guarantee of accessibility and removal of barriers.

The Public Administrations, in the field of their respective competences, will guarantee the conditions of accessibility in the environments, processes and procedures of the System for Autonomy and Attention to the Dependence, in the terms provided for in the Law on equal opportunities, non-discrimination and universal accessibility for persons with disabilities.

Additional provision sixteenth. Non-contributory pensions.

Article 145 (2) of the recast of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, is amended as follows:

The amounts resulting from the previous paragraph of this Article, calculated on an annual basis, are compatible with the annual income or income of each beneficiary, if any, provided that the not exceed 25 per 100 of the amount, in annual accounts, of the non-contributory pension. Otherwise, the amount of the income or income exceeding that percentage shall be deducted from the amount of the non-contributory pension, except as provided for in Article 147.

First transient disposition. Participation in the financing of public administrations.

During the period from 1 January 2007 to 31 December 2015, and in order to promote the progressive implementation of the System, the General Administration of the State shall establish annually in its budget appropriations. for the conclusion of the agreements with the administrations of the Autonomous Communities in accordance with Article 10 of this Law.

Second transient disposition.

For a maximum period of six months from the date of commencement for the submission of applications for recognition of the situation of dependency, the provisions of Article 28.6 on delegation, contracting or otherwise shall be suspended. concert.

Final disposition first. Progressive implementation of the Law.

1. The effectiveness of the right to dependency benefits included in this Law will be progressively exercised, in a gradual manner and will be carried out according to the following timetable from 1 January 2007:

The first year to those who are valued at Grade III of Great Dependency, levels 2 and 1.

In the second and third years to those who are valued at Grade II Severe Dependency, level 2.

In the third and fourth year to those who are valued at Grade II Severe Dependence, level 1.

The fifth and sixth year to those who are valued at Grade I of Moderate Dependence, level 2.

The seventh and eighth year to those who are valued at Grade I of Moderate Dependency, level 1.

2. Recognition of the right contained in the decisions of the competent public authorities shall result in the right of access to the corresponding services and services provided for in Articles 17 to 25 of this Law, from the beginning of its year of implementation in accordance with the schedule of paragraph 1 of this provision or from the time of its application for recognition by the person concerned, if it is later than that date.

3. After the first three years of progressive implementation of the Law, the Territorial Council of the System for Autonomy and Attention to the Dependence will carry out an evaluation of the results of the same, proposing the modifications in the establishment of the system which, where appropriate, considers it to be from the system.

4. In the assessment of the results referred to in the previous paragraph, a gender impact report on the development of the Law shall be carried out.

Final disposition second. Territorial Council of the System for Autonomy and Attention to Dependence.

Within the maximum period of three months from the entry into force of this Law, the Territorial Council of the System for Autonomy and Attention to the Dependence Regulated in Article 8 shall be established.

Final disposition third. Advisory Committee.

Within the maximum period of three months from the entry into force of this Law, the Advisory Committee of the System for Autonomy and Attention to the Dependence Regulated in Article 40 shall be established.

Final disposition fourth. Framework for interadministrative cooperation for the development of the Law.

Within the maximum period of three months from its constitution, the Territorial Council of the System will agree the framework of interadministrative cooperation for the development of the Law provided for in Article 10, as well as the timetable for the development of the forecasts contained in this Law.

Final disposition fifth. Regulatory development.

Within the maximum period of three months after the Council has been established and in accordance with the relevant arrangements of the Territorial Council of the System, the intensity of protection of the services provided for in accordance with the provisions of the Articles 10.3 and 15, as well as the scale for the assessment of the degree and levels of dependency provided for in Articles 26 and 27.

Final disposition sixth. Annual report.

1. The Government shall inform the Courts annually of the implementation of the provisions contained in this Law.

2. This report shall incorporate the memory of the Territorial Council and the opinion of the Advisory Bodies.

Final disposition seventh. Regulatory enablement.

The Government is empowered to dictate how many provisions are necessary for the development and implementation of this Law.

Final disposition octave. Constitutional foundation.

This Law is dictated by the exclusive competence of the State to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and the fulfillment of their duties. constitutional, in accordance with Article 149.1.1. of the Constitution.

Final disposition ninth. Entry into force.

This Law shall enter into force on the first day of the month following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 14 December 2006.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO