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Royal Decree 1276 / 1982, Of 18 June, Whereby Complementary Aid To Those Affected By Toxic Syndrome.

Original Language Title: Real Decreto 1276/1982, de 18 de junio, por el que se complementan las ayudas a los afectados por el síndrome tóxico.

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TEXT

The evaluation of the results of the implementation of the economic and social measures in favour of those affected by the toxic syndrome, approved by the Congress of Deputies on the seventeenth of September of a thousand nine hundred and eighty one, regulated in the Royal Decree two thousand four hundred and forty-eight/thousand nine hundred and eighty-one, of nineteen of October, and developed in the ministerial order of twenty-three of November of a thousand nine hundred and eighty-one, and the convenience of to achieve the social reintegration of the same to the extent that the clinical situation of each I would like to make it possible to extend the same.

The measures that are enacted give the government forecasts at the present time to the government's forecasts for those affected by the toxic syndrome, as well as the resolutions of a social nature contained in the conclusions adopted by the the Congress of Deputies at the plenary session on eight and nine in June of a thousand nine hundred and eighty-two, and in the plenary session of the Senate on the sixteenth and seventeenth days of the same month and year.

In its virtue, on the proposal of the Ministers of Finance, Defense, Economic and Trade, Education and Science, Labor and Social Security, Agriculture, Fisheries and Food, and Health and Consumer Affairs, and after deliberation of the Council of Ministers at its meeting on the eighteenth day of June, one thousand nine hundred and eighty-two, I have:

Article 1.-The complementary family economic aid is created, the purpose of which is to guarantee monthly minimum income for the family unit.

The National Plan Directorate will determine the amount of aid, taking into account the number of members and the number of affected members of the family unit. In any case, the minimum monthly income guaranteed may not be lower than the minimum inter-professional salary at any given time.

For the purposes of this aid, the monthly income of the household shall be considered as the sum of the periodic revenue collected by the various members of the household for any concept, including financial support. for those affected by the toxic syndrome, as well as the aid they receive from public institutions. Territorial authorities or central government, where they have the same character.

The extinction of this aid will be determined by the disappearance of the circumstances that motivated it.

Article 2.-Independent of the family economic aid provided for in the first article, and without taking into account its effects, those affected by toxic syndrome under the age of 14 shall be entitled to receive aid. supplementary, for dietary nutritional purposes, for a monthly amount of five thousand pesetas. This aid will be incompatible with the aid for artificial lactation.

Article 3.-To those affected by the toxic syndrome who, meeting the requirements to be declared permanent invalidity in their various degrees, cannot be recognized entitled to a pension for being less than sixteen A replacement economic contribution shall be granted to them for the same amount, as long as this situation persists.

Article 4.-Those affected by disability will be included in programs of collaboration with the National Institute of Social Services (INSERSO), existing or created at the initiative of the National Plan, in order to obtain, in the extent possible, the social and labour reintegration of those affected, both to the beneficiaries of some social welfare system, and to the non-beneficiaries.

Article 5.-In cases of children under sixteen years of permanent invalidity, professional training compatible with their disability will be facilitated, in collaboration with the relevant departments.

Article 6.-To self-employed persons who are affected by the toxic syndrome, are subject to the contribution of temporary incapacity for work to the Social Security, will be granted total bonus of such a contribution as long as the incapacity for work persists.

Article 7.-The replacement of the unemployment benefit provided for in Article 1 (1) (b) of the Royal Decree two thousand four hundred and forty-eight/thousand nine hundred and eighty-one, of 19 October, will extend to those affected who at the time of the illness did not carry out, for reasons beyond their will, any work activity and as a result of that they have been unable to work, finding themselves after again in a situation of unemployment. In order to have access to this financial aid, it must be workers who were registered in the Employment Office as jobseekers before they were affected.

Article 8.-The prostheses of support and displacement recognized in the article one point one point (m) of the Royal Decree two thousand four hundred and forty-eight/thousand nine hundred and eighty-one, of nineteen of October, it is understood that include the corrective of sensory disorders and dental prostheses, provided that clinically demonstrated that this need arises from the involvement of toxic syndrome.

Article 9.-The compensation of expenditure for household aid is established according to the needs of each family, without limitation, and without the maximum monthly amount exceeding twenty-five thousand pesetas included; contribution fee to the Special Scheme of Employment of the Home of Social Security. This amount shall be reviewed annually.

Article 10.-In situations of need arising from the clinical or sociofamiliar state of the affected, in which it is necessary, the Directors of the Provincial Programs, after report of the Social Assistant, may grant a special home support, complementary or not of the one set out in the previous article, in order to provide personal and health care or to extend care to the tasks of the household.

The monthly amount of this aid shall be fixed individually in each case by the Directors of the Provincial Programmes, in order to the task to be performed and to the required professional qualification, as well as to the remuneration (a) in the case of a professional qualification.

Article 11. -In those cases where the clinical or sociofamiliar circumstances of the affected person make it necessary to have their internment, temporary or definitive, in the assisted Residences or the Minimum Care Centers, the National Plan, in cooperation with the corresponding institutions and social services, will facilitate the entry into them.

When the economic situation of the affected person so requires, the National Program will fully or partially bear the costs of staying in the aforementioned Centers.

Article 12. -Extraordinary economic aid is established in order to address situations of economic need arising from the affectation of the toxic syndrome posed with extraordinary character in some families, and not the aid programme, which is not covered by serious problems for the parties concerned. To this end, each Provincial Directorate of an economic fund will be provided to provide a solution to these family situations. by the granting of single payment aid, in the form of a lost fund.

Article 13.-It may be possible to anticipate quantities of the account of which, in the final form, may be recognized as those affected by toxic syndrome, in order to meet the needs of an urgent nature.

As of the date of entry into force of this Royal Decree, the provincial directors of a sufficient economic fund will be provided to allow these advances to be granted, prior to the social report justifying the need.

Article 14.-Aid to family farms, livestock and industrial and service farms, which shall comprise:

First. Granting of moratoriums in the official agricultural credits that will be borne by the owners of affected families.

Second. Granting of financial assistance to agricultural and livestock farms and livestock in crisis situations arising from the effects of the toxic syndrome prior to the report and proposal of the Ministry of Agriculture, Fisheries and Food, with the to restore its normal operation.

Third. Granting of financial and technical aid to industries and services of a family nature in a crisis situation, arising from the effects of the toxic syndrome, of various members of the family who worked on it, prior to the report and the proposal of the Department concerned.

Article 15.-The Ministry of Defense, based on the publication of this Royal Decree, will release the dates on which those affected by the toxic syndrome that must comply with the military service have to plead their sickness for the purposes of their total or temporary exclusion from the annual quota, or in the case of sickness of family members, to apply for the grant of the first class extension, in accordance with Law fifty-five/thousand nine hundred and sixty-eight, of July 27, General of the Military Service, and of its Rules of Procedure, approved by Decree three thousand Eighty-seven/thousand nine hundred and sixty-nine, of six November.

Article sixteen.-One. Before the beginning of the school year one thousand nine hundred and eighty-two-eighty-three, the Ministry of Education and Science will establish a School Plan to take into account the different teaching needs of those affected by the syndrome. toxic.

Two. Without prejudice to the provisions of the preceding paragraph, the following aid shall be provided.

First. Credit for special school transport to those students whose degree of involvement prevents them from moving to their school in ordinary means, and whose family economic situation is insufficient to support such expenditure.

Second. Dining aids for those affected or families of these persons who, due to their social and economic situation, are deemed necessary to grant them.

Third. Study aids for those affected or families of those who need it for their educational or socio-economic situation.

Fourth. Aid for educational and educational materials, where the educational and socio-economic situation of the affected people so requires.

Fifth. The Ministry of Education and Science shall provide for the maximum number of calls for the medium and higher education to be provided for those affected by the toxic syndrome as well as to raise the number of calls. age at which the Basic General Education may be completed.

Sixth. In order to contribute, as far as possible, to the school recovery and the social reintegration of the students of Basic General Education, assistance will be provided to the school colonies of the Ministry of Education and Science, or to those that promote the National Program of Assistance to the Affected by Toxic Syndrome, in collaboration with other Entities that develop such activity.

Article seventeen.-To address situations of sociofamiliar need. As a result of the impact of the toxic syndrome, financial support will be provided for the provision of places in Child Care and Pre-School Centres, when the family economy cannot meet such expenditure.

Article eighteen.-The National Plan of Toxic Syndrome will draw up an Integral Plan for Social Reinsertion, whose implementation in its first phase must be completed thirty-one in December of a thousand nine hundred and eighty-two.

Article 19.-Without prejudice to the use of the current health card. the National Programme will put in use a simplified identification card, which may be used for processing some special aids, as well as for identification to the object of obtaining benefits or exemptions in public transport where available, cultural centres of the State Administration or the simple accreditation of the rights of those concerned.

ADDITIONAL PROVISIONS

First.-In order to obtain maximum speed in the processing of the intervention function, the General Intervention of the State in the Social Security will designate a specific Interventor for the National Plan of the Syndrome Toxic.

Second.-The cost of the measures provided for in this Royal Decree will be financed in the form set out in the seventh article of the Royal Decree two thousand four hundred and forty-eight/thousand nine hundred and eighty-one, of nineteen October.

Third.-A Social Services Commission is created to study and propose solutions on problems and particularities that present the family units affected by the toxic syndrome, as well as concrete personal.

The structure and functions of this Commission will be determined, which will in any case include the representation of those affected.

REPEAL PROVISION

As many provisions of the same or lower rank are repealed, they are contrary to the provisions of this Royal Decree.

Given in Madrid to eighteen of June of a thousand nine hundred and eighty-two.-JUAN CARLOS R.-The Minister of the Presidency, Matias Rodríguez Initiarte.