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Royal Decree 2015/291 Of 17 April, Amending Royal Decree 1051 / 2013 Of 27 December, By Which The Performance Of The System For Autonomy And Care Unit, Established By Law Regulates 39/2006 Of 14 D...

Original Language Title: Royal Decree 291/2015 Of 17 April, Amending Royal Decree 1051/2013 Of 27 December, By Which The Performance Of The System For Autonomy And Care Unit, Established By Law Regulates 39/2006 Of 14 D ...

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TEXT

Law 39/2006, of 14 December, of the Promotion of Personal Autonomy and Care for Persons in a State of Dependence, establishes in Article 8.2.b) that the Territorial Council of Social Services and the System for the Autonomy and Attention to the Dependence it is up to him, among other functions, to establish the criteria for determining the intensity of protection of the services provided in accordance with Articles 10.3 and 15.

The Territorial Council for Social Services and the System for Autonomy and Attention to Dependence approved, at its meeting of 16 July 2014, the Agreement on the criteria for determining the content of the service promotion of personal autonomy for persons recognised as being dependent on degree II and III.

In turn, article 10.3 of Law 39/2006, of 14 December, regulates that the intensity of protection of each of the services will be approved by the Government by royal decree.

Royal Decree 1051/2013, of 27 December, governing the benefits of the System for Autonomy and Attention to Dependence, established in Law 39/2006 of 14 December, of the Promotion of Personal Autonomy Care for people in a situation of dependency, determines the intensities of the services, among which is the intensity of the service of promotion of autonomy for the people in situation of dependence in grade I.

In compliance with the previous legal mandate, it is necessary to modify the aforementioned royal decree to introduce the regulation of the service of promotion of personal autonomy for persons with grade II and III of dependency, which aims to develop and maintain the personal capacity to control, cope and make decisions about how to live in accordance with its own rules and preferences, facilitating the execution of the basic activities of daily life and the achieving a better quality of life and personal autonomy.

In its elaboration process, this standard has been submitted to the Advisory Committee of the System for Autonomy and Attention to the Dependence, of the State Council of Older Persons, of the National Council of Disability and of the State Council of Non-Governmental Organizations of Social Action.

This royal decree is approved by the Government in accordance with the Agreement of 16 July 2014 adopted by the Territorial Council for Social Services and the System for Autonomy and Attention to Dependence. This agreement was drawn up in accordance with the provisions of Article 8.2.b (b) and (g) of Law 39/2006 of 14 December.

This rule is dictated by the provisions of article 149.1.1. of the Constitution that attributes to the State exclusive competence in the regulation of the basic conditions that guarantee the equality of all Spaniards in the the exercise of rights and in the performance of constitutional duties.

This rule is established under the authority conferred on the Government in the final provision seventh, in conjunction with Articles 10.3 and 15 of Law 39/2006 of 14 December.

In its virtue, on the proposal of the Minister of Health, Social Services and Equality, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of 17 April 2015,

DISPONGO:

Single item. Amendment of Royal Decree 1051/2013 of 27 December 2013 governing the benefits of the System for Autonomy and Care to the Dependence established by Law 39/2006 of 14 December of the Promotion of Personal Autonomy Care for people in a dependency situation.

Royal Decree 1051/2013, of 27 December, governing the benefits of the System for Autonomy and Care to the Dependence established in Law 39/2006 of 14 December of the Promotion of Personal Autonomy Care for people in a situation of dependency is modified as follows:

One. The first and second subparagraphs of Article 6 (4) are amended, which shall be worded as follows:

" 4. In particular, they are services for the promotion of personal autonomy, in addition to those provided for in paragraph 2, the following

a) Enabling and occupational therapy.

b) Early attention.

c) Cognitive stimulation.

d) Promotion, maintenance, and recovery of functional autonomy.

e) Psychosocial enablement for people with mental illness or intellectual disability.

f) Personal support, care and care in accommodation support for community inclusion.

The intensity of the promotion service shall be as set out in Annex I. "

Two. Annex I shall be amended as follows:

"ANNEX I

The intensity of the personal autonomy promotion service for people in a dependency situation

1. For the service of promotion of personal autonomy, the following intensity is established, without prejudice to what is specifically intended for the early care service, and the service of promotion, maintenance and recovery of autonomy functional:

Grades I and II: A minimum of twelve hours of care monthly or its equivalent in sessions.

Grade III: a minimum of eight monthly hours of care or its equivalent in sessions.

2. For early care, the following intensity is set:

Grades I, II and III: a minimum of six monthly hours of care or their equivalent in sessions.

3. For the promotion, maintenance, and recovery service of functional autonomy, the following intensity is set:

Grade I: a minimum of fifteen hours of care monthly or its equivalent in sessions.

Grade II: a minimum of twelve monthly hours of care or its equivalent in sessions.

Grade III: a minimum of eight monthly hours of care or its equivalent in sessions.

4. The intensities of the service of early care and the service of promotion, maintenance and recovery of the functional autonomy may be complementary to others previewed by the different services established by the autonomous communities for this attention. "

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.1. of the Constitution which gives the State exclusive competence to regulate the basic conditions which guarantee the equality of all Spanish in the exercise of rights and in the fulfilment of constitutional duties.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on April 17, 2015.

FELIPE R.

The Minister of Health, Social Services and Equality,

ALFONSO ALONSO ARANEGUI