Law 13/1982 Of 7 April, Social Integration Of The Disabled.

Original Language Title: Ley 13/1982, de 7 de abril, de integración social de los minusválidos.

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DON JUAN CARLOS I, King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law: title first principles General article one.

The principles underlying this law are based on the rights as article forty and nine of the Constitution recognizes, because of the dignity that is to own, to handicapped people in their abilities, physical, mental or sensory for your complete personal fulfilment and their full social integration, and handicapped people deep for necessary care and guardianship.

Article two.

The Spanish State will inspire the legislation for the social integration of handicapped people in the Declaration of rights of the mental deficient, adopted by the United Nations the twentieth of December nineteen hundred and seventy and one, and in the Declaration of rights of disabled persons, adopted by the three thousand four hundred forty-seven resolution of that organization, of nine of December one thousand nine hundred seventy and five , and mold them his performance.

Article three.

One. Public authorities will provide all the resources necessary to the exercise of the rights referred to in article 1, constituting an obligation of the State prevention, medical and psychological care, proper rehabilitation, education, orientation, labour integration, the guarantee of minimum social economic, legal rights and Social Security.

Two. For this purpose they will be required to participate, for its effective realization, in their sphere of competence for Central Administration, the autonomous communities, local corporations, unions, institutions and public bodies and associations and private individuals.

Article four.

One. The administration of the State, the autonomous communities and local corporations cover the private sector non-profit, collaborating in the development of these activities through technical advice, coordination, planning and financial support. Special attention will be institutions, associations and non-profit foundations, promoted by disabled people themselves, their families or their legal representatives.

Two. You will be required to perceive such collaboration and help private actions adapted to the lines and requirements of the sectoral planning that is established by Government.

3. Funded centers, in whole or in part, by public funds, will exist organs of control of origin and application of financial resources, with the participation of the interested parties or secondarily their legal representatives, management and staff at the service of the centers without prejudice to the powers corresponding to public authorities.

Article five.

Public authorities shall promote information necessary for the complete awareness of society, particularly in the areas of school and professional, to the object that is, as a whole, contribute to the recognition and exercise of the rights of the disabled, for total integration.

Article six.

Measures aimed at the educational, cultural, labor and social promotion of the disabled will be implemented through its integration into the institutions of a general nature, except when by the characteristics of their disabilities require a peculiar care through special schools and services.

Title II article seven rights holders.

One. For the purposes of the present law means disabled any person whose possibilities of educational, employment or social integration are decreased as a consequence of a deficiency, probably permanent, congenital character or not, in their physical, mental or sensory abilities.

Two. The recognition of the right to the application of the benefits provided for in this law shall be made custom by the administrative body to be determined according to the rules, report of the corresponding multiprofessional teams qualifiers.

3. For the purposes of the recognition of the right to the services that tend to prevent the onset of the disability, are assimilated to this situation the previous States, understood as processes in evolution that may result in a residual disability.

Four. Services, benefits, and other benefits provided for in this law will be awarded to foreigners who have recognized the situation of residents in Spain, in accordance with you provided for in agreements with their respective States and, failing that, on the basis of the principle of reciprocity.

5. The Government will extend the application of the benefits provided for in this law to Spanish nationals living abroad, provided that they have no comparable protection in the country of sesidencia, in the form and with the requirements to be determined according to the rules.

Title III article eight disability prevention.

The prevention of disabilities is a right and a duty of every citizen and the society as a whole and will be part of the priority obligations of the State in the field of public health and social services.

Article nine.

One. Government will present a Bill in which the principles and basic rules of management and coordination in the field of prevention of disability shall be fixed to the Cortes Generales.

Two. Without prejudice to the powers which may correspond to the different public administrations, in the field of their respective competencies, to formulate their own plans of action in the matter, the Government will prepare cuatrienalmente, in relation to such plans, a National Plan for prevention of disabilities to be presented to the Cortes Generales for their knowledge, and whose development will report annually to them.

3. In these plans should be accorded special importance to services of guidance and family planning, genetic counseling, prenatal and perinatal care, detection and early diagnosis and pediatric assistance, as well as hygiene and safety to road traffic safety, hygienic and sanitary control of the food and environmental pollution. It will include specifically actions aimed at rural areas.

Title IV of the diagnosis and assessment of article ten losses.

One. Multiprofessional teams that, acting on a sectoral level, ensure an interdisciplinary attention to each person requiring it, to ensure their integration into their environment depth will be created.

Its composition and functioning shall be established by law, within a maximum period of eighteen months from the entry into force of this law.

Two. Multiprofessional teams of valuation functions will be: to) issue a diagnostic report normalised on the various aspects of the personality and the alleged disabled person and their social and family environment decreases.

(b) the guidance of therapeutic, determining needs, skills and chances of recovery, as well as monitoring and review.

(c) the valuation and qualification of the alleged disability, determining the type and extent of decline in relation to the benefits, economic rights and services provided for in the legislation, without prejudice to the recognition of the right corresponding carried out to the competent administrative authority.

(d) the valuation and qualification mentioned above will be revisable form to be determined by regulation. Final assessment and rating only occur when the alleged disabled person has reached his maximum rehabilitation or when your injury is presumably short, what will not prevent pre-assessments to obtain certain benefits.

Article eleven.

Ratings and evaluations of the multiprofessional teams will respond to unified technical criteria and shall be valid with any public authority.

Title V system of social and economic benefits article twelve.

One. Insofar as not develop provisions contained in article forty-one of the Constitution, the Government, in the period of one year from the entry into force of this law, shall be established and shall be regulated by decree a special system of social and economic benefits for disabled people who do not develop a work activity, are not included in the scope of the Social security system. The economic conditions to be met by the beneficiaries of the different performance shall be specified in the Decree.

Two. The protective action of such a system shall include at least: a) healthcare and pharmaceutical delivery.

(b) minimum income guarantee Subdidio.

(c) third person assistance allowance.

(d) allowance for mobility and compensation for transport costs.

(e) Professional recovery.

(f) medico-funcional rehabilitation.

Article thirteen.

One. Provided for in paragraph two, health and pharmaceutical care to), of the preceding article shall be provided by the sanitation of the system of Social Security, to the extent, duration and conditions to be determined by regulation.

Two. The beneficiaries of the special system of health care and financial benefits described in the previous article shall be exempted from payment of contribution by the consumption of pharmaceutical specialties.

Article fourteen.

One. All handicapped and elderly whose degree of disability exceeds that statutorily is determined, and that by reason thereof be unable to obtain suitable employment, is entitled to receive a subsidy of minimum income guarantee, whose amount shall be fixed in the development of the present law provisions, provided that, without economic means, not perceived pecuniary provision of State , Autonomous communities, local corporations or Social Security. When it receives a financial benefit, the subsidy will be reduced in amount equal to the amount of that.

Two. This grant will support the personal resources of the beneficiary if in monthly calculation does not exceed an amount which shall be fixed annually by Decree, and which in any case will take into account persons that the disabled person has dependants.

3. The amount of this subsidy will be determined by Decree, on a uniform basis, and will not be inferior to fifty per cent of the national minimum wage.

Article fifteen.

Disabled people sheltered in public or private centres funded in whole or in part with public funds, and as long as they remain in them, are entitled to the part of the grant of a guaranteed minimum income to be determined according to the rules.

Article sixteen.

One. Will be beneficiaries of the subsidy referred to in subparagraph (c)) of article twelve, two, the elderly disabled, lack of economic means, whose degree of disability exceeds that statutorily is determined and that, as a consequence of anatomical or functional losses, need the assistance of another person to perform the most essential of living, such as dressing acts move, eat or similar.

Two. The provisions contained in article 14, as well as those relating to the perception of pecuniary benefits for similar reason, are applicable to allowance regulated in this article.

Article seventeen.

Disabled people with serious mobility problems which fulfil the requirements established by law shall also have the right to collecting the subsidy referred to in subparagraph (c)) of article twelve, two, whose amount shall be fixed by Decree.

Title VI of article eighteen rehabilitation.

One. The led process means rehabilitation to disabled people acquire their maximum level of personal development and their integration into social life, mainly by obtaining suitable employment.

Two. The rehabilitation processes may include: a) medico-funcional rehabilitation.

(b) treatment and psychological counseling.

(c) general and special education.

(d) Professional recovery.

3. The State will encourage and establish the system of rehabilitation, which will be coordinated with the remaining services social, school and employment, in the minor possible units, to bring the service to the users and managed independently.

First section. Article nineteen medico-funcional rehabilitation.

One. Medico-funcional rehabilitation, to provide precise conditions for recovery to those who submit a decrease of their physical, sensory or mental capacity, should begin immediately to the detection and diagnosis of any anomaly or deficiency, and must continue to get the maximum of functionality, as well as the maintenance of this.

Two. For the purposes of the provisions of the preceding paragraph, any person to present any functional decline. qualified according to the provisions of this law, it shall be entitled to benefit from the medical rehabilitation processes necessary to correct or modify their physical, mental or sensory State where this constitutes an obstacle to their educational work and social integration.

3. The rehabilitation process will be supplemented by supply, adaptation, conservation and renewal of prosthetic and orthotic devices, as well as vehicles and other auxiliary elements for disabled people whose decrease advise it.

Article twenty.

The rehabilitation process that starts in specific institutions will be developed in intimate connection with recovery centers where it should continue and will continue, if necessary, as a home treatment, through mobile multiprofessional teams.

Article twenty-one.

State intensify the creation, endowment and start-up operation of the services and institutions properly diversified, to attend appropriate to disabled people, both in rural and urban areas, and achieve your maximum social integration needed rehabilitation and recovery and encourage the training of professionals, as well as research, production and use of orthosis and prosthesis.

Second section. Treatment and counselling article 22.

One. Treatment and counseling will be present during the different phases of the rehabilitation process, and will be aimed at achieving of the handicapped and the overcoming of their situation and the full development of his personality.

Two. Psychological treatment and guidance will take into account the personal characteristics of the disabled person, their motivations and interests as well as family and social factors that can influence you, and will be directed to maximize the use of their residual abilities.

3. Psychological treatment and support will be simultaneous to the functional treatments and, in any case, shall be from the verification of the disability, or from the date on which start a disease process that can lead to disability.

Third section. Article twenty-three education.

One. The disabled will be integrated into the regular system of general education, receiving, if necessary, the support programs and resources that this law recognizes.

Two. Special education will be given temporary or definitively to those disabled persons that integration impossible les in the regular educational system and as laid down in article 26 of this law.

Article twenty-four.

In any case, the need for special education will be determined, for each person, by the overall assessment of the results of the diagnostic study of multidimensional content.

Article twenty-five.

Special education will be taught in ordinary, public or private institutions, the general education system, continuous, transient or through support programs, according to the conditions of deficiencies affecting each student and will begin as early as requires each case, adjusting its subsequent process development psicobiologico of each subject and not strictly chronological criteria.

Article twenty-six.

One. Special education is a comprehensive, flexible and dynamic process that is conceived for your custom application and includes different levels and degrees of education, particularly those considered free and compulsory system, aimed at achieving the full social integration of the disabled.

Two. In particular, special education will tend to achieve the following objectives: to) the Elimination of deficiencies and consequences or sequels derived from those.

(b) the acquisition of knowledge and habits that give you the greatest possible autonomy.

(c) the promotion of all the capabilities of the handicapped and for the harmonious development of his personality.

(d) the incorporation into social life and to a working system that allows disabled people to please and be made themselves.

Article twenty-seven.

Only when the depth of the disability must do, the education for the handicapped will take place in specific centres. For this purpose they will operate in connection with centres in ordinary, transition units to facilitate the integration of students in ordinary schools.

Article twenty-eight.

One. Special education, as soon as I process integrator of different activities, must be technically suitable interdisciplinary staff that, acting as a multi-professional team, ensure the different attentions requiring each deficient.

Two. Staff which, through the different professions and different levels, involved in special education must possess, in addition to the professional title suitable to their respective function, the expertise, experience and aptitude required.

3. Multiprofessional teams referred to in article 10 shall develop the pedagogical orientations, individualized, whose application will correspond to the Faculty of the Center. These same teams shall be periodically monitoring and evaluation of the process of integration of the handicapped and the different activities, in collaboration with the Centre.

Article twenty-nine.

All hospitals, both children's rehabilitation, as well as those who have ongoing pediatric services, the administration of the State, the autonomous bodies of her dependent, Social Security, autonomous communities and local corporations, as well as private hospitals, which regularly occupy when less half of their beds, with patients whose stay and health care are paid from public resources are they will have to have a pedagogical section to prevent and avoid marginalization in the educational process of school-age students in such hospitals.

Article thirty.

Disabled, their educational stage, shall be entitled to free education, in institutions in General, in particular attention and special centers, agrees with what has the Constitution and the laws that develop it.

Article thirty-one.

One. The vocational training of the disabled in accordance with provisions in the different levels of the general education system and with the content of the preceding articles shall be considered within special education.

Two. Disabled people who pursue university studies whose disability makes it difficult for them seriously adaptation to the regime of cnovocatorias established a general rule, may request and centres will have to grant the extension of the number of them to the extent that compensates for the difficulty. If it a lowering of the level required, tests will adapt, where appropriate, to the characteristics of the disability the person concerned present.

3. For the purposes of participation in management and control provided for in the Statute of schools, be taken into account specialty of this law in what refers to the specialized equipment.

Fourth section. Professional recovery article thirty and two.

One. Working-age disabled people entitled to benefit of professional recovery of Social Security benefits under the conditions established by the provisions of this law development.

Two. Professional recovery processes shall include, among others, the following functions: to) medico-funcional rehabilitation treatments, regulated in the first section of this title.

(b) vocational guidance.

(c) training, rehabilitation or retraining.

Article thirty-three.

Vocational guidance will be provided by appropriate services, taking into account the real capabilities of the disabled, determined on the basis of the reports of the multiprofessional teams. Also indeed received school education will be taken into consideration and to receive, the wishes of social promotion and employment opportunities existing in each case, as well as attention to motivations skills and professional preferences.

Article thirty-four.

One. Training, rehabilitation or retraining which may include, where appropriate, a preformation general hasica, will be held in accordance with the vocational guidance provided previously, following the criteria established in the third article of this law, and in the second section of this title.

Two. Training activities will take place, besides in general or special centres dedicated to this, companies, being necessary in the latter case, the formalization of a special vocational training contract between the disabled or, where appropriate, the legal representative, and the entrepreneur, whose basic content shall be fixed by this law detailed rules , in relation to the provisions of article 11 of the Statute of workers.

Article thirty-five.

One. Benefits referred to in this section may be supplemented, where appropriate, with other additional measures that facilitate the achievement of the highest level of personal development to the beneficiary and to promote their full integration into social life.

Two. The beneficiaries of the provision of the Social security system recovery can benefit, also of the accompanying measures referred to in the preceding paragraph.

Article thirty-six.

One. Professional recovery processes will be provided by the recovery and rehabilitation services of Social Security, previous fixation for each individual program that is deemed from beneficiary.

Two. For this purpose, by the competent ministries, within the period of one year, drawn up a plan of action in the matter, in which, on the basis of the principle of sectorization, provide for the centers and facilities, bearing in mind the medical, school and work coordination between phases of the rehabilitation process and the need to ensure residents disabled people in rural areas access to professional recovery processes.

3. The dispensation of recuperators treatments will be free.

Four. Those who receive the benefits of professional recovery will receive a subsidy under the conditions that determine the provisions of this law development.

Title VII of the labour integration article thirty-seven.

Their primary aim of the policy of employment of disabled workers will be their integration in the regular system of work or, in their absence, their incorporation into the productive system using the special formula of protected work mentioned in article forty-one.

Article thirty-eight.

One. Public and private enterprises employing a number of fixed employees exceeding fifty come obliged to employ a number of disabled workers not less two per cent of the workforce.

Two. Shall be deemed null and void the regulatory precepts, clauses of collective agreements, individual agreements and unilateral decisions of the companies involving the disabled against discrimination in employment, in terms of compensation, hours and other working conditions.

3. In the selective tests for membership in the bodies of the administration of the State, autonomous communities, Local Administration, lnstitucional and Social Security, will be admitted disabled people on equal terms with other applicants.

Personal conditions of aptitude for the exercise of the functions will be credited in your case through binding opinion issued by the competent multi-professional team, which must be issued prior to the initiation of the selective tests.

Four. The employment of disabled workers through the establishment of AIDS that facilitate labor integration will be promoted. Such aid may consist of grants or loans for the adaptation of workplaces, the Elimination of architectural barriers that hinder their access to and mobility in the centres of production, the possibility of establishing as self-employed workers, the payment of Social security contributions and many others are considered adequate to promote the placement of disabled people , especially the promotion of cooperatives.

Thirty-nine article.

One. It is the Ministry of labour and Social Security, through the employment offices of the National Institute of employment, placement of disabled people who finish their professional recovery where it is accurate.

Two. For the purposes of application of benefits accorded this law and its implementing rules, both to workers with disabilities as to the companies that employ them, a record of workers disabled jobseekers, included in the general census of unemployed is provide by employment offices.

3. To ensure the effective implementation of the provisions of the preceding two paragraphs, and achieve the adequacy between the personal conditions of the handicapped and the characteristics of the job, will establish, by regulation, coordination between employment offices and Multiprofessional teams provided for in this Act.

Article forty.

One. Within the period of six months from the entry into force of this law, by the Ministry of labour and Social Security is will give detailed rules on selective employment regulated in the third section of Chapter VII of title II of the Social Security General Act, coordinating them with the provisions of this law.

Two. In the above-mentioned standards conditions of readmission, by enterprises, of their own workers, will be regulated specifically once completed the corresponding recovery procedures.

Article forty-one.

One. The wheelchair that by reason of the nature or consequences of their disability cannot, provisionally or definitely exert a work under normal conditions, shall be employed in special employment centres, wherever his capacity for work than or equal to a percentage of the normal capacity to be set it by the corresponding regulatory employment standard special status of disabled workers who provide their services in special employment centres.

Two. When the residual capacity of the disabled don't reach the percentage laid down in the previous paragraph, if accessing the occupational centres provided for in title VIII of this law.

3. Multiprofessional teams of valuation provided for in article 10 shall determine, in each case, by reasoned decision, real integration possibilities and the working ability of disabled persons referred to in the preceding paragraphs.

Article forty-two.

One. Special employment centres are those whose principal objective is the perform productive work, regularly participating in the operations of the market, and having as purpose ensuring gainful employment and the provision of personal and social adjustment, requiring their disabled workers; at the same time be a means of integration of the largest number of disabled people to the regime of normal work.

Two. All of the staff of the special employment centres shall be made up of disabled workers, without prejudice to the squares in the not disabled staff essential to the development of the activity.

Article forty-three.

One. In view of the special characteristics that concur in special employment centres and so that they can meet the social function required, public administrations can form that statutorily is determined, establish economic compensation to the centres, to help the feasibility thereof, establishing for this purpose, in addition, the mechanisms of control that may be relevant.

Two. The criteria for establishing such financial compensation will be that these special employment centres fulfil the conditions of public utility and indispensability and which are devoid of non-profit.

Article forty-four.

Disabled workers in special employment centres will be included in the corresponding Social security scheme, to be passed by the Government specific rules of their conditions of work and social security, in view of the peculiar characteristics of their work.

45 article.

One. Special employment centres can be created both by public and private bodies and by enterprises, always subject to laws, regulations, and conventional rules governing working conditions.

Two. Public authorities, within the scope of their powers and through the study of sectoral needs, promote the creation and implementation of special employment centres, either directly or in collaboration with other agencies or entities, and to encourage the creation of jobs special handicapped through the adoption of the measures necessary for the attainment of such objectives. Also, they will watch, so regular and rigorous, that disabled people are employees in proper working condition.

Article forty-six.

Valuation multiprofessional teams must undergo periodic disabled people employed in special employment centres in order to boost their promotion taking into account the level of recovery and adaptation work reached.

Article forty-seven.

One. Those disabled people in working age, whose capacity is between minimum and maximum levels established in accordance with provisions in the seventh article, which do not have a job paid due to them not attributable, are entitled to receive the guaranteed minimum income allowance laid down in article 15, the date of its registration in the register provided for in article thirty-nine point two , provided that meet the same requirements of economic order established in article 15 and the maximum period for benefits for unemployment in basic employment law.

Two. The right to the perception of the subsidy will be subordinated to the prior compliance by the beneficiary, of those measures of professional recovery which, in his case, had ordered.

Article forty-eight.

The payment of the minimum income guarantee allowance will be charged while the unemployment situation persists, and assumed that the disabled unemployed person has not rejected an offer of employment suitable to their physical and vocational skills.

Title VIII of the social services article forty-nine.

Social services for the handicapped are intended to ensure them the achievement of adequate levels of personal development and integration in the community, as well as the overcoming of additional discrimination suffered by disabled people residing in rural areas.

Article 50.

The performance in social services for the handicapped be accommodated to the following criteria: to) all disabled persons, without any discrimination, have the right to benefits from social services.

(b) social services may be provided both by public authorities and by institutions or private non-profit legal persons.

(c) social services for the handicapped, responsible for public administrations, shall be performed by the institutions and centers of a general nature through the channels and through the human, financial and technical resources from regular exception made when, exceptionally, the characteristics of disability require a singular attention.

(d) the provision of social services will respect the most the permanence of the handicapped in their family environment and its geographic surroundings, through the appropriate location of the site, while the must see, especially, the peculiar problems of handicapped people living in rural areas.

e) it will be up to the limit imposed different types of disabilities the participation of own disabled people, particularly in the case of adults, in the common tasks of coexistence, direction and control of the social services.

Article fifty-one.

One. Without prejudice to provisions of other articles of this law, the disabled are entitled to social services of family-oriented of information and guidance, home care, residential and community homes, cultural activities, sports, leisure and free time occupation.

Two. In addition, and as a complement to the measures specifically provided for in this law, may exempt charged to appropriations appearing to the effect in the corresponding chapter of the General State budget, services and benefits to the disabled who are in need and lacking the resources essential to deal with the same.

Article fifty-two.

One. Family counseling will aim information to families, their training and training to respond to stimulation and maturation of disabled children and the adequacy of the environment familiar to the rehabilitation needs of those.

Two. Orientation and information services should provide the disabled person knowledge of benefits and services at your fingertips, as well as the conditions of access to them.

3. Home care services have committed the provision of personal and home care, as well as the rehabilitation provision as you already have the nineteenth article of this law, all this only for those disabled people whose situations require it.

Four. Residences and community homes services aim to meet the basic needs of those disabled people devoid of home and family, or with serious problems of family integration.

These residences and community homes can be promoted by public administrations, by disabled people themselves and their families. In the promotion of residence and home community, made by disabled people themselves and their families, they will enjoy priority protection by Government.

5. The sporting, cultural, leisure and free time activities will be held whenever possible, facilities and with the ordinary means of the community. Only of subsidiary or complementary form may provide services and specific activities for those cases in which, by the severity of the disability, integration impossible.

To such effects, the rules laid down in article fifty-four of this law, shall be adopted the provisions necessary to facilitate the access of disabled people to sporting, recreational and cultural facilities.

6. Without prejudice to the application of the proposed measures in General in this law, and when the depth of the handicap did need, the disabled person is entitled to reside and be assisted in a specialized establishment.

Article fifty-three.

One. The occupational centres aim to ensure occupational therapy and personal and social adjustment services to the disabled whose accused temporary or permanent disability prevents them from their integration in a company or in a special employment centre.

Two. Public administrations, according to its powers, will dictate specific standards, establishing conditions of all kinds that should meet the occupational centres so that authorized its establishment and operation.

Its creation and support will be competition both of such public administrations and institutions or individuals, private non-profit, addressing the latter, in any case, the rules that are handed down according to the provisions of the preceding paragraph for their creation and operation.

Title IX other aspects of care for the disabled section first. Mobility and architectural barriers fifty-four article.

A. The construction, expansion and reform of the buildings of public or private property, intended for use that involves the concurrence of public, as well as planning and construction of public roads, parks and gardens with the same characteristics shall be carried out so that they are accessible and usable to the disabled.

Two. Repairs that require hygiene, ornament and normal conservation of the existing buildings, as well as the works of reconstruction and conservation of the monuments of historical or artistic interest are only excluded from the previous obligation.

3. To this end, the competent public administrations approved urbanistic and architectural standards containing conditions which must satisfy projects, the catalogue of buildings that will be of the same application and authorization procedure, control and where appropriate, sanction.

Article fifty-five.

One. Facilities, buildings, streets, parks and existing gardens and whose life is still considerable, will be adapted gradually, in accordance with the order of priorities to be determined according to the rules, the rules and conditions laid down in the basic architectural and urbanistic standards referred to in the preceding article.

Two. To this end, public bodies enabled on their budgets the necessary appropriations for the funding of these adaptations in the properties that depend on them.

3. At the same time, encourage the adaptation of the property in private ownership, through the establishment of subsidies, exemptions and subsidies.

Four. Urban administrations should also be considered, and where appropriate include, the need for these anticipated adaptations, in municipal plans of urban development to formulate or approve.

Article fifty-six.

Councils must provide for municipal action plans, in order to adapt public roads, parks and gardens, to the standards approved in General, coming forced to allocate a percentage of their budget for the purposes set forth in this article.

Article fifty-seven.

One. In subsidized housing and social housing projects, will be scheduled a minimum of three percent with the sufficient design features to facilitate access by the disabled, as well as the normal development of their motor activities and their integration into the nucleus that reside.

Two. The obligation established in the previous paragraph also reach housing projects of any other character that are built to promote or subsidize by public authorities and other entities dependent or related to the public sector. By the competent public administrations is will dictate the regulations to ensure the installation of lifts with capacity to simultaneously transport a wheelchair of standard and a non-handicapped person.

3. By public administrations are will dictate the basic technical standards necessary to comply with the provisions of the two paragraphs anterioses.

Four. Where the project relates to a set of buildings and facilities that constitute an architectural complex, this will be projected and built in conditions that allow, in any case, the accessibility of handicapped people to the different buildings and supplementary facilities.

Article fifty-eight.

One. Without prejudice to the provisions of the preceding articles the basic technical standards on building will include forecasts concerning the minimum conditions that shall meet the buildings of any type to allow accessibility for disabled people.

Two. All these regulations must be collected at the stage of drafting of Basic projects and implementation, be denied appropriate official visas, or professional associations and monitoring offices of the various ministerial departments, those who do not comply.

Article fifty-nine.

In order to facilitate the mobility of disabled persons, within the period of one year shall be adopted technical measures in order to the progressive adaptation of collective public transport.

Article sixty.

By city councils, appropriate measures shall be taken to facilitate the parking of vehicles cars belonging to disabled people with serious mobility problems.

Article sixty-one.

Deemed rehabilitation of housing, for the purpose of obtaining grants and loans with subsidy of interest, the reforms that the handicapped, because of their disability, have to make on his habitual and permanent housing.

Second section. Article sixty different services and two staff.

One. Care and services which disabled persons require in your process of recovery and integration must be focused, directed and performed by specialist personnel.

Two. This process, by the variety, breadth and complexity of the functions covered, requires the competition of different specialists who must act together as a multi-professional team.

Article sixty-three.

One. The State shall take the appropriate measures to ensure the training of various specialists, in number and with the qualifications required to adequately meet various services requiring the disabled, both in terms of detection and estimation how educational and social services.

Two. The State shall establish permanent programs of specialization and updating, General and special application for different deficiencies, as well as on specific modes of recovery, according to the different problems of different professions.

Article sixty-four.

One. The State will promote the collaboration of volunteers in the care of the disabled promoting the Constitution and functioning of institutions non-profit grouping to people interested in this activity, so that they can collaborate with professionals in the realization of actions of a vocational nature on behalf of those.

Two. Functions which such personnel to play come certain, permanently, by the provision of domiciliary care and those others which do not involve a stay in service or require special qualifications.

3. By public authorities will be oriented towards the care of the disabled, who are obliged to carry out a civil provision substitute to fulfilling military service, and those who join the civil service for the attention of for purposes of general interest in accordance with provisions in the thirty articles, two and three, of the Constitution and the provisions taken for its development.

Title X management and financing article sixty-five.

One. Within a maximum period of one year from the entry into force of this Act, the Government shall be the administrative reorganization in order to the integral attention to the decreased physical, sensory and psychic who rationalize, simplify and unify the existing organs of administration and rationally coordinate their competences.

Two. The administrative organization expressed in the previous section must contemplate, especially, the planning of the general policy of care for the disabled; the decentralization of services through the sectorization of the same; the democratic participation of the beneficiaries, by themselves or through their legal representatives and professionals in the field to deficiency directly or through specific associations; public financing of actions aimed at the comprehensive care of disabled person; developing, programming, execution, control and evaluation of the results of regional planning, and the integration of the planning in the context of general health, education, labor and social services, and in the national program of socio-economic development.

Article sixty-six.

The financing of various benefits, subsidies, attentions and services contained in this Act shall be financed from the State budget, and those of the autonomous communities and local corporations, in accordance with the powers which they are entitled respectively. In these budgets corresponding allocations shall be shown in a specific manner.

TRANSITIONAL provision valuation of current units are integrated, with their corresponding appropriations current budgetary in multiprofessional teams that present law.

ADDITIONAL provisions first.

In the laws and provisions of a regulatory nature, enacted after the entry into force of this Act, regulate with character general various aspects of care for disabled person physical, mental and sensory referred to in this law, will include provisions that recognize the right of the disabled to general benefits and, where appropriate , the adequacy of the General principles to the peculiarities of the handicapped.

The second.

The provisions of this law is understood without prejudice to the provisions in the statutes of autonomy of the autonomous communities.

FINAL provisions first.

Within the period of six months from the entry into force of this Act, the Government shall submit to the courts Bill that modifies titles IX and X of book I of the current Civil Code, in relation to the disability and system protect poor people.

The second.

In within a year the Government shall submit to the courts a draft amending article three hundred eighty, following and matching of the Criminal Procedure Act.


The Government is authorized to modify by Decree, on a proposal from the Ministry of labour and Social Security, the provisions governing invalidity contained in the General Social Security Act, adapting them to the provisions of this law.


Amending article one hundred thirty-two of the Social Security Act, text, so not necessary medical discharge for assessment of permanent incapacity, whose consequences are definitive.


One hundred thirty-five of the Social Security Act, consolidated text, which is required for the Declaration of serious disability be fond of absolute permanent incapacity for all work item changes. The serious disability does not necessarily imply the absolute for all sorts of work permanent disability.


In accordance with the provisions of article two of the Statute of workers, the Government, in the period of one year from the entry into force of this Act, approve the regulatory provisions of labour of persons with diminished physical, mental or sensory capacity which provide labour services in the centers of special employment referred to in this law.


To match the cost of the rights contained in this law on the Social integration of the disabled to the budgetary availability enabling the economic situation of the country, sets the following list of priorities, public administrations must be inexcusably, to address in the form below. Anyway, the total cost of this law must be fully assumed within a maximum period of ten years from its entry into force.

These priorities will be the following for the first two years of law enforcement: first. - delivery pharmaceutical and healthcare.

Second. - social services, in particular the occupational centres for handicapped persons deep and large disabled.

Third. - subsidy of minimum income by percentage increases, which will take place in progressive and continuous way, and which shall be determined according to the rules, starting with a minimum that is greater than the current perceptions by this concept.

Fourth. - third person assistance allowance.

Fifth. - mobility and transport compensation grant.

Sixth. - regulations on special education.

Seventh. - policy on mobility and architectural barriers.

Eighth. - regulations on special employment centres.

Ninth. - regulations on the multiprofessional teams.

Tenth. - regulations on permanent programs of specialization and updating provided in article two, sixty-three.

Other benefits, subsidies, attentions and services can be developed subsequent to the previously indicated period, depending on the needs generated by the application of this law.

This development should be progressively and continuously, in each biennium, it is enough to reach the maximum period of ten years set previously, put up benefits, subsidies, attentions and services provided for in this law or is complete the already initiated.


How many rules are contrary to this law are repealed.

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Palacio de la Zarzuela, Madrid, on seven of April's thousand nine hundred eighty-two.



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