Attention for applicants for companion allowance :

ü this benefit may be granted to 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 their option in writing, at DGASPC Vâlcea, regarding the granting of the companion allowance;

The 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 of the person with disability (birth certificate, identity card, marriage certificate/divorce decision - if applicable, spouse's death certificate - if applicable)

§ documents regarding the income earned by the person with disability (pension coupon/unemployment slip/proof of employment - if applicable, tax certificate for persons without income)

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

§ application by the holder for granting the allowance

ü the legal representative (parent, curator/guardian - as applicable) is the holder of the allowance

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

§ civil status documents of the person with disability (birth certificate, identity card, marriage certificate/divorce decision - if applicable, spouse's death certificate - if applicable)

§ civil status documents of the legal representative - parent/curator/guardian (birth certificate, identity card, marriage certificate/divorce decision - if applicable, spouse's death certificate - if applicable)

§ court decision/application filed with the Rm.Vâlcea Court for establishing guardianship/trusteeship (as applicable)

§ documents regarding the income earned by the person with disability and the legal representative (pension coupon/unemployment slip/proof of employment - if applicable, tax certificate for persons without income)

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

§ application from the legal representative for granting the allowance

Particularities

ü in case of re-evaluation of the disability degree, the beneficiary of monthly allowance/legal representative/relative is obliged to submit to the Human Resources/Payroll Department within DAS Rm. Vâlcea, as soon as possible after receiving it, the new certificate of classification in the disability degree, together with the Individual Rehabilitation and Social Integration Program for Adults with Disability/Child Ability-Rehabilitation Plan for children with disabilities, regardless of the new degree of disability obtained;

ü if one parent benefits from the provisions of GEO no.111/2010 regarding leave and monthly allowance for raising a child, the other parent may benefit from the companion allowance for the same child (or employment as personal assistant), provided that the child is classified in severe disability with personal assistant. For the single parent in a similar situation, and who is caring for a child with severe disability with personal assistant, upon request, the companion allowance will be granted;

ü if a person with severe disability benefits from the companion allowance granted under Law 448/2006, and later applies for 1st degree invalidity pension (in which case they are entitled to the companion allowance provided by Law 263/2010, as amended), an option for one of these rights shall be made, according to the law, through an application submitted to the County Pension House Vâlcea (CJP).

In the event of maintaining the right to monthly companion 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 will submit the medical retirement decision. Subsequent change of this option (granting of companion allowance under 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 or CJP Vâlcea, which will comply with the provisions of Ord.2272/2013;

The companion allowance is not granted if :

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

üthe degree of disability changes at the periodic re-evaluation;

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 social, medical-social institutions, where full maintenance is provided by public authorities for more than one month;

üthe person with severe disability with personal assistant, who opted for the monthly allowance, has deceased;

üa special protection measure was established, by professional maternal assistant/residential service, for the child classified in 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 to the category of personal assistant beneficiaries is requested;

üthe person with severe disability has 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 collected cumulatively, in which case payment of the rights under Law 448/2006 is suspended until the option is expressed by the person with severe disability. The constitution and recovery of the debit, within the statute of limitations, is the responsibility of the institution which granted the right for which the person did not opt.

REFERENCE DOCUMENTS

ü Law no.448/2006 regarding protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and completions;

ü Social Assistance Law no.292/2011;

ü Law no.263/2010 regarding the public pension system and other social insurance rights, with subsequent amendments and completions;

ü Gov.Decision no.268/2007 approving the Methodological Norms for application of Law 488/2006 regarding protection and promotion of the rights of persons with disabilities, with subsequent amendments and completions;

ü Order no.2272/2013 for approval of the procedure for applying the provisions of art.42 of Law 448/2006 regarding protection and promotion of the rights of persons with disabilities, correlated with those of art.77 of Law 263/2010 on the unitary public pension system;