Proposition 50K1361

Projet de loi modifiant l'article 98 de la loi du 8 juillet 1976 organique des centres publics d'aide sociale.

General information ¶

Authors

Ecolo Michèle Gilkinet
Groen Anne-Mie Descheemaeker
PS | SP Yvan Mayeur
Vooruit Magda De Meyer

Submission date

July 16, 2001

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

elderly person welfare

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB

Party dissidents ¶

• Filip Anthuenis (Open Vld) abstained from voting.
• Filip De Man (VB) abstained from voting.
• Guy Hove (Open Vld) abstained from voting.
• Karel Van Hoorebeke (N-VA) abstained from voting.

Contact form ¶

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Discussion ¶

March 19, 2003 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, Mr. Goutry, reporter, refers to his written report and he greets you from West Flanders.

I can understand that!

Mr. Speaker, Mr. Minister, colleagues, the present bill aims to establish a pocket money guarantee for residents of rest homes. Their

According to the law, the OCMW is obliged to allocate pocket money to its elderly in need. In practice, however, arbitrary assets are assets because the law does not specify exactly how much the pocket money should be and what can or should be paid out of the pocket money. Each OCMW autonomously determines how much pocket money it grants and for what it will be used. Some OCMWs turn out a fixed amount. Others use a percentage of the pension amount. Still others make the amount of the pocket money depending on the medical condition of the rest home residents, the more caring the lower the pocket money. Some OCMWs give extra attention with Christmas or New Year. Others give nothing at all. In some OCMWs, the pocket money is logically used to cover the costs of clothes, hairdressers, drinks and snacks and leisure spending. However, many centers appear to use the same pocket money for the payment of brake money for medicines, medical care by the general doctor or specialist, paramedical care, hospitalization or necessary pedicure. The latter practice has already been explicitly condemned by the Labour Court of Dendermonde, which states that the pocket money only serves to provide personal needs and small purchases to make life pleasant and to provide relaxation. According to the judge, pocket money could in no way include necessary costs such as medical and pharmaceutical costs. Nevertheless, many OCMWs simply continue these practices, which, in our opinion, completely undermines the financial autonomy of rest home residents. Their

The unequal treatment of rest home residents occurs not only between the different OCMWs among themselves but can also occur within the same rest house, as rest home residents may come from different municipalities and depend on different OCMWs that maintain different pocket money arrangements. In short, a cat can’t find her boy back. Moreover, such a varied arrangement cannot be explained to the residents of rest homes. Their

In 2000, the VVSG in an article in "The Municipality" advocated for a uniform arrangement of pocket money in the OCMWs. The fairness requires to add that the association at the same time breaks a lance for the all-in dormitory price. Also for us this is an absolute necessity so that holiday home residents can know in advance what and what is not included in the holiday home price. Their

The present proposal regulates only the pocket money. The bill sets a minimum amount that should be guaranteed by all OCMWs to the needy rest home resident. It is specifically about 75 euros per month. The amount is linked to the index. It is entrusted to the King to withdraw this amount if necessary and to clearly record what cannot be paid with the pocket money, such as medical expenses. Their

During the discussion, the status of the pocket money after the death of the resting home resident was also discussed. This will also be arranged by a royal decree. It is important for us that the resident knows that the pocket money is intended for him/her and of course not for the inheritance of the children. It is important that rest home residents, no matter how needful or dementing they are, also have the right to pocket money that they can enjoy. Their

This proposal guarantees financial autonomy to every resident of the resting house, giving them more opportunities to relax and participate in community life both inside and outside the resting house.

The 900 euros per year is not for the necessary pedicure trips, the medical expenses, the medication or the care material, but for the truly personal expenses, for a pincet, for a new dress, for an extra job at the hairdresser or for a little "pree" for the grandchildren.

The guarantee of that pocket money to every rest home resident, in our opinion, contributes to a happy old day. This is what we are doing as a party.

Mr. Speaker, Mr. Minister, Colleagues, I will speak briefly to express my support for Mrs. De Meyer’s bill. I would like to emphasize that she was the initiator. He was the first to submit this separate bill. We had also submitted that proposal, but then linked to a uniform arrangement for and a easing of the maintenance obligation. But honour who deserves honour, Mrs. De Meyer, it was your initiative.

I think this proposal has been dealt with in a very constructive way in the committee. First of all, I agree with the need for a uniform regulation. Today there is discrimination and inequality in the rest homes between people who receive maintenance from the OCMW, depending on the municipality from which they receive it. This also leads to a decrease in the quality of life for those people, which they are ultimately entitled to in the house that, from the moment they are admitted, is their home. We will therefore fully support this proposal.

However, Mr. Minister, we consider it essential that there is a very clear definition within the government of what can or cannot be included in the mandatory costs. There will have to be a very clear definition. It will be a very great challenge for the next government, whoever is in it, to guarantee the quality of life in the resting house for the people. There should be a distinction between what are effective care costs and what are non-medical care costs. The right to pocket money must be guaranteed because it at least respects the physical and psychological integrity of people, even in their old days.

I also made very clear in the committee meeting the question of developing a specific regulation and a greater legal certainty for dementors. The money intended for the people and allocated to the people, for whom the OCMW pays the maintenance fee, must not be misused, whoever would complete that misuse, be it the relatives or the institution. The Minister made a formulation for this. We hope that there will also be the greatest possible legal certainty in this area.

For these reasons, we, Mrs. De Meyer, will support the bill. It is ⁇ on the trap, but it adorns you that you have never given up.