To equalize the amount of the care allowance for people with disabilities who need external care to 413.43 euros per month regardless of the cause of disability starting January 1, 2027, the state will need at least 36 million euros in additional funds annually. This is stated in the draft letter prepared by the Ministry of Welfare (LM) to the Ombudsman.
This One Was Given, but That One Was Not
The response was prepared in reply to the conclusion of the Ombudsman Karina Palkova from June 1 regarding the compliance of the amount of the care allowance with Article 109 of the Constitution of Latvia.
The Ombudsman pointed out that currently, an adult person with a disability who needs care receives an allowance of 213.43 euros per month, while an adult person in need of care due to a disability caused by a childhood illness receives 413.43 euros per month. Thus, the amount of the allowance depends on whether the disability was first established before or after reaching adulthood.
The Ombudsman urged the government to review the regulation determining the amount of the care allowance by December 31 of this year, considering that for individuals whose disability is not related to a childhood illness, the allowance has not been revised since 2014. At the same time, for people with disabilities from childhood, it was increased in 2019 and 2024, each time by 100 euros.
The Ombudsman concluded that the amount of the allowance should be determined by the degree of need for care, rather than the time of establishing the disability. Such an approach would allow for higher allowances to be paid to those with the highest need for care, regardless of the cause of disability, age, or other factors. The conclusion also notes that different treatment of people solely based on the age at which the disability occurred may contradict the principle of non-discrimination if their current situation and level of social risk are the same.
There Is Not Enough for Everyone
The Ministry of Welfare conceptually agreed with the Ombudsman's conclusions that the state should treat people with disabilities equally when they are in similar circumstances. This also applies to individuals with the most severe disabilities.
However, the ministry notes that to increase the allowance for all recipients to 413.43 euros starting January 1, 2027, at least 36 million euros per year will be required, as the target group that needs the increase of 200 euros includes more than 15,000 people.
At the same time, such an approach would not allow for the implementation of the differentiated allowance system proposed by the Ombudsman, where the amount of the payment would depend on the intensity of the need for care. This would allow for higher allowances to be provided to those who truly need the most intensive care, regardless of the cause of disability, age, and other circumstances.
The letter also states that the rights enshrined in the UN Convention on the Rights of Persons with Disabilities are not absolute, and their implementation must occur gradually—taking into account the financial and economic capabilities of the state, as well as the balance of interests of various population groups.
There Is Not Enough for Everyone
The ministry emphasizes that the special care allowance is an important support measure for people with severe disabilities; however, it is objectively impossible to set it at a level that fully covers all individual needs of each person, as these needs vary significantly.
Moreover, state support cannot fully compensate for the entire range of personal expenses, the Ministry of Welfare admitted.
The agency also reminds that support for people with disabilities includes not only monetary payments but also various services and benefits that reduce expenses. Among them:
- tax benefits;
- exemption from patient co-payments;
- assistance in paying for electricity;
- assistant services provided by municipalities.
People with insufficient income also have the right to apply to social services for social assistance.
The letter explains that the differences in the amount of allowances depending on the cause of disability were justified when preparing the draft law "On Amendments to the Law on State Social Allowances." It states that people with disabilities from childhood and particularly severe forms of disability from an early age had extremely limited opportunities for socialization, education alongside peers, employment, income generation, and forming a support network. Therefore, most of them were unable to build an independent life and largely depend on state allowances and social services.
Promised for Three Years
The ministry has already developed and presented a draft information report "Improving the Disability Assessment System for Adults." The document proposes to modernize both the disability assessment system and the assessment of the need for special care, initially conducting a pilot project before the government makes a final decision on implementing the new system.
Permanent regulation could come into force on January 1, 2030. After the draft report is submitted for government consideration, which is scheduled for July of this year, further steps will be determined based on the proposed model and the real capabilities of the state budget.
At the same time, the ministry emphasizes that any changes to the allowance system requiring additional funding from the state budget will be considered solely within the framework of preparing and approving the state budget. According to current forecasts, the possibilities for allocating additional funds in the coming years will be limited.
Leave a comment