Fundacja Giganci

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Fundacja Giganci

Fundacja Giganci for carers of people with ASD

General Thoughts

Legal acts (laws, regulations) can be easily found. Just go to the government website www.gov.pl, and enter what you are looking for in the search bar next to the „magnifying glass” symbol, for example: law on vocational and social rehabilitation and employment of persons with disabilities, and you will see the text of the law.

  • abbreviation Dz.U. – means Dziennik Ustaw (Journal of Laws), indicating where the law was published, followed by a number which is the identifier under which the law was published
  • abbreviation t.j. Dz.U. – means consolidated text, i.e., the most current version; in the references to laws, it indicates the Journals of Laws where the law was first published and the latest journals containing the current, amended text of the law

Basic legal acts concerning disabilities:

Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (Dz.U. 1997 No. 123, item 776 consolidated text: Dz.U. of 2023 item 100)

Here you will find regulations concerning, among others:

  • determining disability (e.g., defining disability levels, how they are determined, how decisions are issued…)
  • rehabilitation of persons with disabilities
  • rights of persons with disabilities
  • special obligations and rights of employers in relation to employing persons with disabilities
  • sheltered employment and supported employment facilities
  • tasks and organization of services for persons with disabilities, training…

Act on Pensions and Disability Benefits from the Social Insurance Fund (Dz.U. 1998 No. 162, item 1118 consolidated text: Dz.U. of 2022 item 504)

Here you will find regulations concerning, for example:

  • disability pensions and family pensions
  • information and regulations regarding pension supplements
  • regulations on benefits granted under special procedures
  • rules for determining benefit amounts…

Act on Social Pension (Dz.U. 2003 No. 135, item 1268, consolidated text: Dz.U. of 2022 item 240)

Here you will find regulations concerning:

  • social pension, including who is entitled to it, conditions for granting it
  • disability assessments
  • pension amounts
  • exclusions from entitlement (who is not eligible for social pension)
  • overlap of entitlements (overlap with family pension)
  • suspension of the right to a pension
  • initiation of proceedings for granting a pension, decisions on granting a pension…

Act on Family Benefits (Dz.U. 2003 No. 228, item 2255, consolidated text: Dz.U. of 2023 item 390)

Here you will find regulations concerning:

  • care allowance for resigning from employment or other gainful work – article 17 of the act
  • care allowance – article 16
  • family allowance, supplement for care of disabled children – longer period when the child is disabled – article 10(1)(3)
  • rehabilitation allowance
  • rules for verifying family benefits
  • rules for determining benefit amounts
  • rules for proceedings on granting and paying family benefits…

Act on Healthcare Services Financed from Public Funds (Dz.U. 2004 No. 210, item 2135, consolidated text: Dz.U. of 2022 item 2561)

Here you will find regulations concerning, among others:

  • types of healthcare services
  • principles of providing healthcare services
  • control principles
  • health insurance coverage principles
  • information on assessing health needs
  • information on the basic hospital care system for providing healthcare services
  • information on ambulance transport rules…

New validity periods for disability assessment decisions:

According to the Act of 9 March amending the Act on competition and consumer protection and certain other acts, introducing new validity periods for disability assessment decisions, assessments of disability or its degree, whose validity period would expire:

  1. by 31 December 2020 – remain valid until 31 December 2023
  2. from 1 January 2021 to 31 December 2021 – remain valid until 31 March 2024
  3. from 1 January 2022 until the day preceding the entry into force of these provisions (which will enter into force three months after publication in the Journal of Laws) – remain valid until 30 September 2024

All assessments will remain valid no longer than until a new final decision on disability or its degree is issued.

Provisions concerning the validity dates of assessments will enter into force three months after the publication of the act in the Journal of Laws, i.e., on 27 July 2023.

European Charter for Persons with Disabilities:

The European Commission is working on the European Charter for Persons with Disabilities. Its development will enable equal access to certain public services in all countries. An expected outcome is that a decision issued in Poland, for example, will be recognized in Germany or France. The Charter could be used in various areas such as sports, recreation, culture, and transportation. Discussions are also underway to extend privileges related to possessing the card, for example, rights to use parking spaces for persons with disabilities. The regulatory proposal was approved at the end of 2023.

Announcement of the Minister of Family and Social Policy of 21 December 2022

On 11 January 2023, the Announcement of the Minister of Family and Social Policy of 21 December 2022 was published regarding the announcement of the consolidated text of the regulation of the Minister of Family, Labor and Social Policy on sheltered housing. This regulation regulates, among other things, that sheltered housing provides residential services in the form of full-time accommodation and social work.

As part of the minimum service standard provided in training sheltered housing, services include learning, developing or maintaining skills in self-care, meeting daily life needs, effective time management, household management, handling official matters, maintaining family ties, participating in local community life, and job search.

As part of the minimum service standard provided in supported sheltered housing, services include assistance in performing essential daily life activities such as:

  • mobility
  • personal hygiene
  • dressing
  • cleaning
  • shopping and meal preparation
  • handling personal matters

and in making social contacts by enabling the person to:

  • maintain family ties
  • participate in local community life

The above-mentioned services are provided for a total of at least 3 hours per day, 7 days a week.

The minimum usable area per person benefiting from supported housing shall not be less than 12 m², with the number of persons in supported housing not exceeding 7.

List of approved offers under the „Personal Assistant for Persons with Disabilities” Program, Mazowieckie Voivodeship – 2023 edition

Recommended funding amount:

  • Social Cooperative „Pożytek” Mazowieckie Wołomin District 598,584.00 PLN
  • Forest Haven Foundation Mazowieckie Żuromin District 648,706.80 PLN
  • Active Rehabilitation Foundation „FAR” Mazowieckie Warsaw 1,192,951.20 PLN
  • SMA Foundation Mazowieckie Warsaw 664,125.00 PLN
  • Toto Animo Foundation Mazowieckie Pruszków District 284,069.94 PLN
  • Youth and Disabled Assistance Foundation „Hey, Koniku” Mazowieckie Warsaw 701,780.50 PLN
  • Polish Red Cross Mazowieckie Warsaw 1,033,188.71 PLN
  • Perpetuum Mobile Foundation Mazowieckie Warsaw 487,014.00 PLN
  • Siedlce Alzheimer’s Disease Assistance Association Mazowieckie Siedlce City 132,681. 00 PLN

The program „Personal Assistant for Persons with Disabilities” – edition 2023

The program, co-financed by the European Social Fund under the Operational Program Knowledge Education Development, provides support for persons with disabilities and persons entitled to benefits under the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities in maintaining independence in everyday life, social inclusion, and participation in work or educational activities.

The basic objectives of the program include:

  • eliminating barriers in everyday life resulting from disability and ensuring equal access to public services and information society resources
  • supporting the development of activities related to the provision of comprehensive assistance, taking into account the specific needs of persons with disabilities and the requirements of their family members, legal guardians or carers…

Online forum for the disabled community

On the Ministry’s website, a meeting of the Program Council on Information and Communication Technology for the Disabled is announced. The meeting is scheduled for 18 December 2023.

Participants will discuss, among other things:

  • the disabled community’s expectations for the Ministry’s planned initiatives in the field of ICT and digital accessibility
  • consultation regarding the establishment of standards for the accessibility of government websites
  • preparation of information materials promoting accessible solutions
  • assessment of the effectiveness of activities carried out by the Ministry and other institutions in the area of creating accessible ICT solutions for the disabled community

It is planned that the Ministry’s representative will take part in the meeting.

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