Granting of accompanying allowance*
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For the attention of applicants for the companion allowance:
ü may benefit from this benefit the person (child, adult) who has obtained a certificate of classification in severe disability with personal assistant, according to Law no. 448/2006, and who expresses his/her option in writing, at DGASPC Vâlcea, regarding the granting of the companion allowance;
Documents required to be submitted to the Social Assistance Directorate Rm. Vâlcea:
ü the person with disability is the holder of the allowance
§ certificate of classification in severe disability with personal assistant (including annexes)
§ civil status documents for the person with disability (birth certificate, ID card, marriage certificate/divorce decree-as applicable, spouse's death certificate-as applicable)
§ documents regarding the income of the person with disability (pension voucher/unemployment slip/employee certificate-as applicable, tax certificate for persons without income)
§ service provision contract for persons residing in a private residential centre
§ request from the holder for granting the allowance
ü the legal representative (parent, curator/guardian-as applicable) is the holder of the allowance
§ certificate of classification commonly in severe disability with personal assistant (including annexes)
§ civil status documents for the person with delinquency (birth certificate, ID card, marriage certificate/divorce decree-as applicable, spouse's death certificate-as applicable)
§ civil status documents for legal representative-parent/curator/guardian (birth certificate, ID card, marriage certificate/divorce decree-as applicable, spouse's death certificate-as applicable)
§ court order/registered request at Rm. Vâlcea Court for institution of guardianship/conservatorship (as applicable)
§ documents regarding the income of the person with disability and the legal representative (pension voucher/unemployment slip/employee certificate-as applicable, tax certificate for persons without income)
§ service provision contract for persons residing clinical in a private residential centre
§ request from the legal representative for granting the allowance
Particularities
ü in the case of reassessment of the degree of disability, the beneficiary of the monthly allowance/legal representative/next of kin is obliged to present to the Human Resources and Payroll Department of DAS Rm. Vâlcea, as soon as possible after taking possession, the new certificate of classification in degree of disability, together with the Individual Rehabilitation and Social Integration Programme for the adult with disability / Empowerment-Rehabilitation Plan for the child with disabilities, regardless of the new degree of disability obtained;
ü if a parent benefits from the provisions of GO no.111/2010 regarding leave and the monthly allowance for raising the child, the other parent can benefit from the companion allowance for the same child (or employment as a personal assistant), provided that the minor is classified as severe disability with a personal assistant. For the single parent in a similar situation, and who is caring for a child with severe disability with a personal assistant, upon request, will be granted the companion allowance;
ü if the person with severe disability benefits from the companion allowance granted under Law 448/2006, and subsequently registers for first degree invalidity pension (a situation in which he/she is entitled to the companion allowance provided by Law 263/2010, as subsequently amended), the choice for one of these rights shall be expressed, according to the law, by application addressed to the Vâlcea County Pension House (CJP).
In case of maintaining the right to the monthly companion allowance granted according to Law 448/2006, DGASPC Vâlcea will send to DAS Rm. Vâlcea a copy of the respective application, and the beneficiary of the allowance/legal representative will present the medical pension decision. Subsequent change of this option (granting the companion allowance according to Law 448/2006 or Law 263/2010) will be possible only after submitting a written request to one of the two responsible institutions – DGASPC Vâlcea, respectively CJP Vâlcea, which will comply with the provisions of Ord.2272/2013;
The companion allowance is not granted if:
üthe validity period of the certificate for a person with severe disability and personal assistant expires;
üthe degree of disability changes at the periodic reassessment;
üthe domicile/residence of the person with disabilities changes to another locality;
üthe adult with severe disability is institutionalized in public residential centers (except for respite centers), other types of public institutions with social, medical-social character, where full maintenance is provided by the public authorities for a period longer than one month;
üthe death of the person with severe disability with personal assistant, who opted for the monthly allowance, has occurred;
üa special protection measure has been established, at a professional maternal assistant/residential service, for the child classified as severe disability with personal assistant;
üthe person with disabilities is detained/arrested/definitively convicted to a custodial sentence (during the period of detention, arrest, imprisonment);
ütransfer is requested to the category of personal assistant beneficiaries;
üthe person with severe disability opted for the companion allowance granted by the Pension House;
üboth allowances (provided by art.77 of Law 263/2010, respectively art.43 of Law 448/2006) have been received cumulatively, in which case the payment of the rights provided by Law 448/2006 is suspended until the severely disabled person exercises his/her option. The establishment and recovery of the debt, within the limitation period, belongs to the institution that granted the right for which the person did not opt.
REFERENCE DOCUMENTS
ü Law no. 448/2006 on!!! the protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and completions;
ü Law of social assistance no.292/2011;
ü Law no.263/2010 on the public pension system and other social insurance rights, with subsequent amendments and completions;
ü GD no.268/2007 approving the Methodological Norms for the application of Law 488/2006 on the protection th and promotion of the rights of persons with disabilities, with subsequent amendments and completions;
ü Order no.2272/2013 for the approval of the procedure for applying the provisions of art.42 of Law 448/2006 on the protection and promotion of the rights of persons with disabilities, corroborated with those of art.77 of Law 263/2010 on the unitary system of public pensions;
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In case of dissatisfaction with the solution provided, an appeal can be submitted to our institution within 30 days from communication, and in case of dissatisfaction with the way the appeal is resolved, you can address the court under the conditions of Administrative Litigation Law no. 554/2004, with its subsequent amendments and completions.
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