Social Benefit for Inclusion. Ombudsman welcomes regulation but emphasizes that there are still serious situations that need to be safeguarded

The Ombudsman sent a letter to the Secretary of State for Inclusion of Disabled Persons, in which she notes as positive the approval of Administrative Rule no. 230/2021, of 29 October, nevertheless drawing attention to the persistence of serious situations of social unprotection.

The aforementioned Ministerial Order made it possible to render feasible the entitlement to Social Inclusion Benefit (PSI) for persons who acquired or developed a disability after the age of 55 or who, having acquired a disability or incapacity before the age of 55, only requested the respective certification at a later date. Thus, one of the recommendations made in the Recommendation that the Ombudsman addressed in February 2020 to the Minister of Labour, Solidarity and Social Security, regarding several issues related to the PSI, was accepted.

However, the rights of PSI applicants penalised by the significant delays that persist in the issuing of the Medical Certificates of Multipurpose Disability (AMIM) have not been safeguarded. Given that the law states that the PSI is only due from the month in which the certification document is delivered, i.e. from the date of presentation of the AMIM, the obvious delay in issuing these certificates by the medical boards of the Regional Health Administrations seriously compromises the effectiveness of this social benefit.

It should be remembered that, in this field, the Ombudsman recommended that the law be altered in order to ensure payment of the PSI from the month in which the request is presented, provided that the medical certificate of multi-use incapacity certifies the degree of disablement that is legally required for the purposes of attribution of that social benefit.

Despite the stated acceptance of the content of this Recommendation, the fact is that, almost two years later, the legislative measure in question has still not been adopted, seriously and unjustly harming citizens with incapacity or disability who apply for this social benefit.

To read the letter of insistence sent to the Secretary of State for the Inclusion of People with Disabilities click here.