Portal de la Dependencia
Information Sections
CHAPTER IV Acknowledgement of entitlement
- Article 28. Procedure for the acknowledgement of the situation of dependency and of entitlement to the benefits of the System.
- Article 29. Individual Care Programme.
- Article 30. Review of the degree or level of dependency and of the benefit that has been acknowledged.
- Article 31. Benefits of a similar nature and purpose.
Article 28. Procedure for the acknowledgement of the situation of dependency and of entitlement to the benefits of the System.
1. The procedure shall commence at the request of the person that may be affected by a certain degree of dependency or by the person representing the latter, and the processing of the application shall be according to the provisions laid down in Act 30/1992, of 26th November, on the Legal Regime of the Public Administrations and on the Common Administrative Procedure, with the specific particularities that are derived from this Act.
2. Acknowledgement of the situation of dependency shall be by means of a decision issued by the Autonomous Administration that corresponds to the applicant’s residence and shall be valid throughout State territory.
3. The decision that is referred to in the previous item shall determine the services or benefits to which the applicant is entitled, according to the degree and level of dependency.
4. In the event of a change of residence, the Autonomous Community of destination shall determine, on the basis of its network of services and benefits, those to which the dependent person is entitled.
5. The basic criteria in the procedure for the acknowledgement of the situation of dependency and the common characteristics of the body and professionals that perform the acknowledgment shall be agreed upon by the Territorial Council of the System for Autonomy and Care for Dependency.
6. The services of assessment of the situation of dependency, the prescription of services and benefits and the management of the financial benefits foreseen in this Act shall be performed directly by the Public Administrations and may not be the object of delegation, hiring or subsidising private entities.
Article 29. Individual Care Programme.
1. In the context of the procedure for acknowledging the situation of dependency and the applicable benefits, the relevant social services in the public system shall establish an Individual Care Programme in which the modes of intervention that are most suitable to their needs from among the services and financial benefits foreseen in the decision for the appropriate degree and level shall be determined, with the participation, following consultation and where applicable, choice between the alternatives proposed to the beneficiary and where applicable, his/her family or the guardians representing him/her.
2. The individual care programme shall be reviewed:
- At the request of the interested party and of his/her legal representatives.
- On an official basis, in the form and at the intervals foreseen in the regulations issued by the Autonomous Communities.
- On the occasion of a change of residence to another Autonomous Community.
Article 30. Review of the degree or level of dependency and of the benefit that has been acknowledged.
1. The degree or level of dependency may be reviewed at the request of the interested party, his/her representatives or on an official basis by the competent Public Administrations, for any of the following reasons:
- Improvement or worsening of the situation of dependency.
- Error in diagnosis or in the application of the corresponding scale.
2. The benefits may be altered or extinguished according to the beneficiary’s personal situation, when there is a variation in any of the requirements set for acknowledgement, or in the event of non-compliance with the duties stated in this Act.
Article 31. Benefits of a similar nature and purpose.
If any other benefit of a similar nature and purpose established in the public social protection regimes is received, it shall be deducted from the financial benefits foreseen in this Act. In particular, the following shall be deducted: the major disability complementary benefit regulated in article 139.4 of the General Social Security Act, Reworded Text approved by Royal Legislative Decree 1/1994, of 20th June, the economic allocation for each dependent son/daughter over the age of 18 years with a degree of handicap that is equal to or higher than 75 per cent, the benefit of the need for another person in the non-contributory invalidity pension and the third-person subsidy in Act 13/1982, of 7th April, on the Social Integration of the Handicapped (LISMI).
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