The law on the “After us” (Draft Law No. 698-1352-2205-2456-2578-2682-B “Provisions of assistance to people with severe disabilities lack of family support “) was finally approved on June 14 ‘in the Senate and is a law” good “because it is the fruit not only of the parliamentary debate, but also, and above all, the active contribution of stakeholders and listened that is, those associations and families who have the ‘heart’ in the life expense, for free, seriously and every day, with weakness.
and ‘this is the method that makes the legislature a peacemaker and social well-being , an authoritative author of norms which, though always be improved through steps, goes to the goals of social cohesion as an expression not only of the facade, but with the necessary stability to a system based on rights human and democratic.
following the transfer of the associations of persons with disabilities and their family members who feared, (after them), the institutionalization of their loved ones, were introduced limits to the possibility of resorting to extra-familial housing solutions. The new and final text of Article 4 provides that it will be possible to achieve only “where necessary and, in any case, on a residual basis, in the best interests of persons with severe disabilities (…), interventions for the detention in a non-family housing solution to deal with any emergency situations, respecting the will of the people with severe disabilities, where possible, their parents or protecting consumer interests. “
Always at the request of the interested parties , have expanded exemptions and tax benefits provided for trusts to other existing legal transactions, with a wider choice even for the less well-off families.
Article. 6 provides, in addition to the trust, the establishment of restrictions of real estate or movable property entered in public registers, by transfer in public form; the caregiver can also be a non-profit social utility (Onlus), which operates mainly in the field of charity and such acts will not be subject to inheritance tax and donation with the general condition of guarantee that the legal transaction pursue aims exclusively expressed, social inclusion, the care and the assistance of one or more severely disabled beneficiaries.
then essential and fundamental, including the amendments to the text in the Senate , the passage of Article 2 in which it is clarified that the measures contained in the law are complementary policies relating to the health and social sphere; therefore reaffirms the principle of public responsibility for social policy in ensuring the essential levels (Lep) assistance and primarily of regional and local authorities.
Recall as art. 14 of Law 328 of 2000 beyond and beyond the law “after us,” establishes the right for each disabled person, a draft individualized and personal life that decides intensity and nature of the interventions required to a quality life for the entire span of existence, even when families are lacking and especially when they are themselves in need of support.
Pending the definition of Lep within 6 months from the entry into force of the Act, the Minister for Labour and social policy, in consultation with the economy and subject to agreement in the Joint State-Regions Conference will still have to issue a decree that will define the service objectives for the services to be provided.
the law deals with structurally also the source of funding of changes resulting from the application of the law, and establishes (article 3) the Fund for ‘assistance to people with severe disabilities deprived of family support in the estimates of the Ministry of Labour and social policy, with a budget of 90 million euro for 2016, of 38.3 million for 2017 and 56.1 million per year with effect from 2018 the delivery criteria are assigned to the regions with a delegation, perhaps too white, but nevertheless tempered by the expectation of an Annual Report to the Houses of the Minister of Labour and social policy on the implementation of the law.
the Fund may in addition to those already set out above , finance “innovative programs and interventions of residential” to promote the independence of people with disabilities’ in homes or groups – that reproduce apartment housing conditions and relational “of the original house, supporting other projects for the development of autonomy of people with disabilities without assistance, and still in accordance with the principle of subsidiarity promote the design in partnership with the third sector organizations, with other civil law legal entities with proven experience assistance to persons with disabilities and with associated families.
essentially a double civilization reads , in line with the UN Convention on people with disabilities, for freedom the choice of living independently, the de-institutionalization that should guide the entire system and also in accordance with a methodology of listening to those who have the authority that comes from loving and free choice to be on the side of fragility.
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