To the attention of applicants for the attendant allowance :

ü eligible for this benefit is the person (child, adult) who has obtained a certificate of classification as severe disability with personal assistant, according to Law no.448/2006, and who expresses in writing, at DGASPC Vâlcea, their option regarding the granting of the attendant allowance;

Documents required to be submitted to the Social Assistance Directorate Rm. Vâlcea:

ü the person with disability is the beneficiary of the allowance

§ certificate of classification as severe disability with personal assistant (including annexes)

§ civil status documents of the person with disability (birth certificate, identity card, marriage certificate/divorce ruling – as appropriate, spouse’s death certificate – as appropriate)

§ documents regarding the income of the person with disability (pension coupon/unemployment slip/employment certificate – as appropriate, tax certificate for persons without income)

§ contract for provision of care services for the person living in a private residential center

§ application from the holder for the granting of the allowance

ü the legal representative (parent, curator/guardian – as appropriate) is the beneficiary of the allowance

§ certificate of classification as severe disability with personal assistant (including annexes)

§ civil status documents of the person with disability (birth certificate, identity card, marriage certificate/divorce ruling – as appropriate, spouse’s death certificate – as appropriate)

§ civil status documents of the legal representative – parent/curator/guardian (birth certificate, identity card, marriage certificate/divorce ruling – as appropriate, spouse’s death certificate – as appropriate)

§ court decision/application registered at the Court of Rm.Vâlcea for establishing guardianship/conservatorship (as appropriate)

§ documents regarding the income of the person with disability and the legal representative (pension coupon/unemployment slip/employment certificate – as appropriate, tax certificate for persons without income)

§ contract for provision of care services for the person living in a private residential center

§ application from the legal representative for the granting of the allowance

Particularities

ü in the situation of reassessment of the degree of disability, the beneficiary of the monthly allowance/legal representative/caregiver is obliged to present to the Human Resources and Payroll Department within DAS Rm. Vâlcea, as soon as possible after receipt, the new certificate of classification as a person with disability, together with the Individual Program for Rehabilitation and Social Integration of Adults with Disabilities/Enabling-Rehabilitation Plan for the Child with Disabilities, regardless of the new degree of disability obtained;

ü in the case where a parent benefits from the provisions of GEO no.111/2010 regarding leave and monthly allowance for child raising, the other parent can benefit from the attendant allowance for the same child (or employment as a personal assistant), provided that the minor is classified as having a severe disability with a personal assistant.For the single parent in a similar situation, and who has in care a child with severe disability with personal assistant, upon request, they will be granted the attendant allowance;

ü in the case where the person with severe disability benefits from the attendant allowance granted under Law 448/2006, and subsequently registers for first degree invalidity pension (a situation in which they are entitled to the attendant allowance provided by Law 263/2010, as subsequently amended), the option for one of these rights shall be expressed, according to the law, by application to the County Pension Office Vâlcea (CJP).

In the case of maintaining the right to the monthly attendant allowance granted under 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 shall present the medical retirement decision. Any later change of this option (granting the attendant allowance under Law 448/2006 or under Law 263/2010) will be possible only after submission of a written request to one of the two responsible institutions – DGASPC Vâlcea or CJP Vâlcea, which will comply with the provisions of Ord.2272/2013;

The attendant allowance is not granted if :

üthe validity of the certificate for severe disability with personal assistant expires;

üthe degree of disability changes at periodic reassessment;

üthe residence/home of the person with disabilities changes to another locality;

üthe adult with severe disability is institutionalized in public residential centers (except respite centers), other types of public institutions of social or medico-social character, where full care is provided by public authorities for more than a month;

üthe death of the person with severe disability with personal assistant, who expressed the option for the monthly allowance, has occurred;

üa special protection measure has been established, with a professional maternal assistant/residential service, for the child classified as severe disability with personal assistant;

üthe person with disabilities is detained/arrested/definitively sentenced to a custodial sentence (during detention, arrest, imprisonment period);

ütransition is requested to the category of personal assistant beneficiary;

üthe person with severe disability has opted for the attendant allowance granted by the Pension House;

üboth allowances have been received cumulatively (as provided by art.77 of Law 263/2010, and art.43 of Law 448/2006), in which case the payment of the rights provided by Law 448/2006 is suspended until the person with severe disability makes a choice. The establishment and recovery of the debt, within the limitation period, is incumbent on the institution that granted the right for which the person has not opted.

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 security rights, with subsequent amendments and completions;

ü G.D. no.268/2007 for the approval of the Methodological Norms for the application of Law 488/2006 on the protection 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 the application of 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 public pension system;