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 ...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4786

The law 39/2006, of 14 December, promotion of Personal autonomy and care for people in a situation of dependence, establishes in its article 8.2. b) that is, among other functions, determine the criteria for determining the intensity of protection services provided in accordance with the articles 10.3 and 15 to the Territorial Council of social services and prompt attention to the dependency to autonomy.

The Territorial Council of social services and prompt attention to the dependency to autonomy adopted, at its meeting date July 16, 2014, the agreement on the criteria to determine the content of the service for the promotion of personal autonomy for people recognized in situations of dependency in grade II and III.

At the same time, article 10(3) of the law 39/2006, of 14 December, regulates that the intensity of the protection of each of the services shall be approved by the Government by Royal Decree.

The Royal Decree 1051 / 2013, of 27 of December, which regulates the performance of autonomy and dependence care system, established in law 39/2006, of 14 December, promotion of Personal autonomy and care for people in a situation of dependence, determines the intensity of services, among which is the intensity of the service for the promotion of autonomy for persons in situations of dependency at grade I pursuant to the previous law, it is necessary to amend the Royal Decree to introduce the service regulation for the promotion of personal autonomy for people with grade II and III of dependence, which aims to develop and maintain the capacity of the staff control, cope with and make decisions about how to live in accordance with the rules and own preferences by facilitating the implementation of the basic activities of daily living and the attainment of a better quality of life and personal autonomy.

In their process of development, this standard has undergone to consultation of the Advisory Committee of the system to the autonomy and attention to the dependency of the State Council of seniors, the national disability Council and the State Council of organizations non-governmental Social action.

This Royal Decree is approved by the Government in accordance with the agreement of 16 July 2014, adopted by the Territorial Council of social services and the system for autonomy and dependency care. This agreement has been prepared in accordance with the provisions of article 8.2. b) and g) of the law 39/2006, of 14 December.

This rule is issued under cover of the provisions of article 149.1.1. ª of the Constitution that the State given the exclusive jurisdiction in the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of the constitutional duties.

This standard is established under the aegis of the Faculty conferred to the Government at the seventh final disposal, in relation to articles 10.3 and 15 of the law 39/2006, of 14 December.

In his virtue, a proposal from the Minister of health, social services and equal, according to the Council of State and after deliberation by the Council of Ministers at its meeting of April 17, 2015, have: single article. Modification of the Real Decree 1051 / 2013, of 27 of December, which regulates benefits of autonomy and dependence care system established in law 39/2006, of 14 December, promotion of Personal autonomy and care for people in a situation of dependence.

The Royal Decree 1051 / 2013, of 27 of December, which regulates the performance of the system for autonomy and dependency care laid down in law 39/2006, of 14 December, promotion of Personal autonomy and care for people in a situation of dependence, is to be re-worded as follows: one. Modify the first and second subparagraphs of paragraph 4 of article 6, which shall have the following wording: «(4. En particular son servicios de promoción de la autonomía personal, además de los previstos en el apartado 2, los siguientes: a) Habilitation and occupational therapy. "

(b) early intervention.

(c) cognitive stimulation.

(d) promotion, maintenance, and recovery of functional autonomy.

(e) psycho-social empowerment for people with mental illness or intellectual disability.

(f) personal support, care and care in accommodation in support to community inclusion.

«The intensity of the promotion service shall be subject to provisions of annex I.»

Two. Modifies the annex I which will have the following wording: «Annex I intensity of service promotion of personal autonomy for people in a situation of dependence 1. For service for the promotion of personal autonomy is established following intensity, without prejudice to the provisions specifically for early service, and service for the promotion, maintenance and recovery of functional autonomy: grades I and II: a minimum of twelve hours per month or its equivalent in sessions.

Grade III: a minimum of eight hours per month or its equivalent in sessions.

2. for early service, sets the following intensity: grades I, II and III: a minimum of six hours per month or its equivalent in sessions.

3. for service promotion, maintenance, and recovery of functional autonomy, is set the following intensity: Grade I: a minimum of 15 hours per month or its equivalent in sessions.

Grade II: a minimum of twelve hours per month or its equivalent in sessions.

Grade III: a minimum of eight hours per month or its equivalent in sessions.

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

First final provision. Skill-related title.

This Royal Decree is issued under cover of the provisions of article 149.1.1. ª of the Constitution that the State given the exclusive jurisdiction over the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of the constitutional duties.

Second final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on April 17, 2015.

PHILIP R.

The Minister of health, social services and equality, ALFONSO ALONSO ARANEGUI