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CHAPTER I Configuration of System

Article 6. Purpose of the System.

1. The System for Autonomy and Care for Dependency guarantees the basic conditions and common content to which this Act refers; ser ves as a common ground for the collaboration and participation of the Public Administrations, in the exercise of their respective competences, on the subject of the promotion of personal autonomy and protection for dependent persons; optimises the public and private resources available and contributes to improving the living conditions of citizens.

2. The System is configured as a network for public use that integrates on a coordinated basis, both public and private centres and services.

3. The fact of integrating the centres and services referred to in this article in the System for Autonomy and Care for Dependency shall not bring about any alteration in the legal regime applicable to their ownership, administration, management or secondment to other bodies.

Article 7. Levels of protection in the System.

The protection for dependency by the System shall be provided pursuant to the terms that are laid down in this Act and according to
the following levels:

  1. The minimum level of protection established by the General State Administration, in application of article 9.
  2. The level of protection that is agreed upon between the General State Administration and the Administration of each of the Autonomous Communities via the Conventions foreseen in article 10.
  3. Any additional level of protection that may be established by each Autonomous Community. 

Article 8. Territorial Council of the System for Autonomy and Care for Dependency.

1. The Territorial Council of the System for Autonomy and Care for Dependency has been created as an instrument of cooperation for articulating the System. The Council shall be formed by the Minister of Labour and Social Affairs and one representative from each of the Autonomous Communities, who shall be the member of the respective Government Council in charge of this area. A number of representatives from the various ministerial Departments shall also be on the council. The representatives from the Autonomous Communities shall be in the majority.

2. Without detriment to the competences of each of the participant Public Administrations as well as the functions that are expressly assigned to the Council by this Act, it is responsible for exercising the following competences:

  1. Agreeing on the framework of inter-administrative cooperation for implementing the Act, as foreseen in article 10.
  2. Establishing the criteria for determining the intensity of protection of the services foreseen in accordance with articles 10.3 and 15.
  3. Agreeing on the conditions and amount of the financial benefits foreseen in article 20 and in the first additional provision.
  4. Adopting the criteria for the beneficiary’s participation in the cost of the services.
  5. Agreeing on the scale referred to in article 27, with the basic criteria of the assessment procedure and of the characteristics of the assessment bodies.
  6. Agreeing on joint plans, projects and programmes, where applicable.
  7. Adopting common criteria for action and assessment of the System.
  8. Facilitating the availability of common documents, data and statistics.
  9. Establishing the coordination mechanisms for the case of displaced dependent population.
  10. Informing on the state implementing rules on the subject of dependency and in particular, the rules foreseen in article 9.1.
  11. Serving as a common ground for cooperation, communication and information between the Public Administrations.

The Territorial Council of the System, when formed, shall agree on its rules regarding how it functions and Chairpersonship.

Article 9. Participation by the General State Administration.

1. The Government, following consultation with the Territorial Council of the System for Autonomy and Care for Dependency, shall determine the minimum level of protection that is guaranteed to each of the beneficiaries of the System, according to his/her degree and level of dependency, as a basic condition in guaranteeing the right to the promotion of personal autonomy and care for dependency.

2. Public funding of this level of protection shall be provided by the General State Administration, which shall on an annual basis stipulate the economic resources in the General State Budgets Act in accordance with the criteria established in article 32.

Article 10. Cooperation between the General State Administration and the Autonomous Communities.

1. Within the Territorial Council of the System for Autonomy and Care for Dependency, the General State Administration and the Autonomous Communities shall agree on the framework of interadministrative cooperation to be developed by means of the necessary Conventions between the General State Administration and each of the Autonomous Communities.

2. By means of the Conventions referred to in the previous item, the General State Administration and the Autonomous Communities shall agree on the objectives, means and resources for the application of the services and benefits described in Chapter II of this Title, increasing the minimum level of protection determined by the State in accordance with article 9.

3. In application of the terms of the previous item, the Territorial Council of the System for Autonomy and Care for Dependency shall establish the criteria for determining the intensity of protection of each of the services foreseen in the Catalogue and the compatibility and incompatibility between same, for approval by the Government by means of a Royal Decree.

4. The Conventions shall determine the funding that corresponds to each Administration for this level of service, according to the terms established in article 32 and in the first transitory provision of this Act, as well as the terms and conditions for the review of such funding. Similarly, the Conventions shall include the State contributions that are derived from guaranteeing the level of protection defined in article 9.

Article 11. Participation of the Autonomous Communities in the System.

1. In the context of the System for Autonomy and Care for Dependency, the Autonomous Communities shall be responsible for the following functions, without detriment to the competences that have been assigned to them according to the Spanish Constitution, the Statutes of Autonomy and standing legislation:

  1. Planning, ordering, coordinating and managing, in the scope of their territories, the services for the promotion of personal autonomy and care for dependent persons.
  2. Managing, in their territorial scope, the services and resources that are necessary for assessing and caring for dependent persons.
  3. Establishing the socio-sanitary coordination procedures and creating, where applicable, the necessary coordination bodies in order to guarantee effective care.
  4. Creating and updating the Registry of Centres and Services, facilitating the necessary accreditation in order to guarantee compliance with the quality requirements and standards.
  5. Ensuring that the corresponding Individual Care Programmes are drawn up.
  6. Inspecting and, where applicable, applying sanctions for noncompliancesregarding the quality requirements and standards of centres and services and regarding beneficiaries’ rights.
  7. Carrying out regular evaluations on the functioning of the System in their respective territories.
  8. Providing the General State Administration with the necessaryinformation for the application of the funding criteria foreseen in article 32.

2. In any case, the Autonomous Communities, in conformity with the terms of article 7, may define additional levels of protection to those determined by the General State Administration in application of article 9, funded by their own budgets, and to those that are agreed upon, where applicable, according to article 10, for which they may adopt the rules of access and entitlement that they deem to be appropriate.

Article 12. Participation of Local Entities.

1. Local Entities shall participate in the management of the services of care for dependent persons, in accordance with the regulations of their respective Autonomous Communities and within the scope of the competences assigned to them under standing legislation.

2. Local Entities may participate in the Territorial Council of the System for Autonomy and Care for Dependency in the form and according to the conditions stipulated by the Council itself.

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