Proposition 54K3352

Projet de loi modifiant l'arrêté royal du 22 mai 2003 relatif à la procédure concernant le traitement des dossiers en matière des allocations aux personnes handicapées, en vue d'éviter aux personnes handicapées de perdre injustement des droits.

General information ¶

Authors

PS | SP Jean-Marc Delizée
Vooruit Youro Casier, Karin Jiroflée, Meryame Kitir, Alain Top

Submission date

Oct. 26, 2018

Official page

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Status

Adopted

Requirement

Simple

Subjects

administrative formalities administrative procedure disabled person social-security benefit social security

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI ∉ Open Vld N-VA MR PVDA | PTB PP VB

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Discussion ¶

March 14, 2019 | Plenary session (Chamber of representatives)

Full source

Mrs Temmerman, rapporteur, refers to the written report.

Often, medical reviews at the DG Persons with Disabilities do not take place on the scheduled date. This is currently due to delays in this service. These delays have been discussed here several times. Even after solving the difficulties, however, this can happen again, for whatever reason.

Since the new decision only comes into effect on the first day of the month following its notification, the entitled may, for months, permanently lose part of the benefit, in particular the increased part. This, of course, causes a great injustice. The increase in the benefit after a medical examination is a right, which the person concerned does not receive at that time. For the low-income — most of the cases — this can mean a world of difference. I think we can all agree on this.

In the past, the Ombudsman has repeatedly addressed this problem. Through this bill, we have attempted to adjust a handle. Our proposal aims to adjust the regulation so that the increase of the benefit, resulting from an official medical review, starts from the first day of the month following the planned review date and therefore not on the concrete review date. In this way, stakeholders get, from the first moment, to which they are entitled.

This is a small bill that can mean a world of difference for a number of people who are struggling in our society. I therefore take the opportunity to thank my colleagues in the Social Affairs Committee, who unanimously approved this proposal, for their support.

Mr. Speaker, dear colleagues, the current affairs will at least have the merit of allowing some advances in favour of persons with disabilities.

It is true that with regard to the 1987 Allowance Act, we would have preferred a more comprehensive system reform. We have said and repeated this every year since the beginning of the legislature, but unfortunately, the government has lacked political will. It would not have been possible during this legislature.

That said, the few small successes achieved in the last few weeks are to be applauded as they will have a concrete impact on many of these people with disabilities. I recall the vote, a few weeks ago, on the automatic application of the social tariff for electricity and gas. This is a good thing.

With this text, as Ms. Jiroflée has just recalled, we will allow, when there is a request for a scheduled revision, that the decision takes place with retroactive effect, which is not the case today.

These are two favorable amendments that have been the subject of recommendations from the College of Federal Mediators for several years. We are aware of the reports we have received. In both cases, the discussion took place at the beginning of the year and we were able to bring a legislative solution.

In this case, the problem was even more acute due to the delays and difficulties encountered by the Directorate-General Persons with Disabilities. People were in fact double penalized by the non-retroactivity of decisions. From a financial point of view, this is interesting.

Like Ms. Jiroflée, I thank the services of the Mediation Department for drawing our attention to these issues. It was in a constructive spirit that the discussions in the committee led to the adoption of this text. I hope it will be voted soon in plenary session, which will therefore be very positive, Mr. Speaker.