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Resolution Of April 28, 1987, Of The General Secretariat For Social Security, On Recognition Of The Health Benefits Of The Law On Social Integration Of Disabled Workers Declared Unfit Pe...

Original Language Title: Resolución de 28 de abril de 1987, de la Secretaría General para la Seguridad Social, sobre reconocimiento de las prestaciones sanitarias de la Ley de Integración Social de Minusválidos a los trabajadores declarados en situación de incapacidad pe...

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TEXT

The workers included in the field of application of the social security system who are declared in a situation of permanent incapacity to whom, because they do not meet the legally required requirements, they are designated the right to pension, they may lose, as a result of that circumstance, their right to the provision of health care.

Now, the fact stated above does not produce a "per se" protection for that worker, since, because of his incapacity, he has the right to be recognized for the provision of health care, as provided for in the Section 1, Chapter II of Royal Decree 383/1984 of 1 February 1984 laying down and regulating the special system of social and economic benefits provided for in Law 13/1982 of 7 April 1982 on the Social Integration of the Disabled (LISMI).

However, and the recognition of the technical benefits of the LISMI are conditioned to the accreditation through the multiprofessional teams or the assessment teams of the National Institute of Services Social, mental or physical disability, the decision of the corresponding organ of the National Social Security Institute declaring an invalid worker must be verified, again, through the organs of the National Institute of Social services, with the logical delay in the possible recognition of health care provided for in the ISMI.

Therefore, it seems appropriate to issue the appropriate instructions for the coordination of administrative bodies in order to make the provision of services more agile and efficient and to benefit the potential beneficiary.

Based on the above,

This General Secretariat for Social Security in accordance with the powers conferred by Article 13 of Royal Decree 530/1985, of 8 April, resolves the following:

First.-Persons who have been declared by the National Social Security Institute in a situation of permanent incapacity, without a pension, and who request the health care benefits provided for in the Royal Decree 383/1984, of February 1, will not need to prove its disability through the valuation teams or multi-professional teams of the National Institute of Social Services.

Second.-Pursuant to the provisions of the previous paragraph, the Resolutions of the Provincial Directorates of the National Institute of Social Security declaring a worker in a situation of permanent incapacity, without rights (a) a pension shall serve as a sufficient document for the Provincial Directorates of the National Institute of Social Services to issue a corresponding resolution of the type-approval of the disabled person for the purposes of recognition of the Health benefits provided for in Section 1, Chapter II of the Royal Decree 383/1984, of 1 February.

Third.-This Resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

What I say to VV. II. for their knowledge and effects.

Madrid, 28 April 1987.-The Secretary General, Adolfo Jiménez Fernández.

Ilmos. Mr Director-General of the National Institute of Social Security and Director-General of the National Institute of Social Services.