Internal number: 570925
THE TWENTIETH KNESSET
Proposers: Knesset Members Ilan Gilon
Uri Maklev
Moshe Gafni
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Equal Rights for People with Disabilities (Amendment – Community Housing and Personal Assistance) Bill, 5776-2015
Amendment to Equal Rights for People with Disabilities Law, 5758-1998 / Amendment of Section 1In Section 1 of the Equal Rights for People with Disabilities Law (hereinafter – the main Law) the following shall appear at the end: "in the spirit of the UN Convention on the Rights of Persons with Disabilities";
2. / Amendment of Section 6
In Section 6 of the main Law, at the end the following shall appear: "in accordance with the principles of the UN Convention on the Rights of Persons with Disabilities, including:";
3. / Addition of Chapter E2
After Section 19(68) of the main Law the following shall appear:
"Chapter E2: Community Housing and Personal Assistance"
Definitions / 19(69) / In this chapter-
"the committee" – one of the following: with regard to a person with intellectual-developmental disabilities: diagnosis committee; with regard to a person who is psychiatrically disabled, as defined in Section 3 of the Rehabilitation of the Psychiatrically Disabled in the Community Law, 5760-2000: regional rehabilitation committee; with regard to another person with disabilities and with regard to a person with more than one disability: personal assistance basket committee in accordance with the provisions of this chapter
"the Ministers" – the Minister of Welfare and Social Services, the Minister of Health, the Minister of Defence and the Minister of Housing
"diagnosis committee" – within the meaning thereof in Section 5 of the Welfare (Care of Retarded Persons) Law, 5729-1969;
"regional rehabilitation committee" – within the meaning thereof in Section 13 of the Rehabilitation of the Psychiatrically Disabled in the Community Law, 5760-2000;
"sheltered housing in the community" – housing in a house or apartment in the community, which is operated by a licensed service provider, in which a maximum of four disabled residents live, accompanied, guided and supported by staff members as approved for the person in a personal assistance basket which has been determined by the committee
"independent housing in the community" – a house or apartment in which a disabled person lives independently on his own, with partners or with family members
"personal assistance basket coordinator" – someone authorized for this by the Ministers, whose function is to assist a disabled person to formulate a personal assistance plan and to implement it as it is approved, in accordance with the provisions of this chapter
"licensed service provider" – a public or private entity which has been authorized by the Ministers to provide personal assistance basket services
"special services allowance" – within the meaning thereof in Sections 206 and 206A of the National Insurance Law( Consolidated Version), 5755-1995
"personal assistance basket services" – accompaniment, support, guidance, assistance and supervision services which are required for a disabled person in accordance with his needs, in order to ensure implementation of the provisions of this chapter.
The right to live in the community / 19(70) / Every disabled person, whether he lives in his home or in a framework outside the home, is entitled to live in the community in a manner as similar as possible to the manner in which others in his community live, including:
(1) To live in a manner which allows him maximum integration and participation in the community, without isolation and segregation from the general public
(2) To live in a manner which allows him to live his life with maximum autonomy, independence and privacy;
(3) To choose his place of residence and with whom he will live and his lifestyle, and to choose whether to live in sheltered housing in the community or in independent housing in the community
The right to personal assistance and a personal assistance basket / 19(71) / (a) Every disabled person who has been found to be eligible for this in accordance with the eligibility rules prescribed in the Regulations, who because of his disability needs accompaniment, support, guidance, supervision and other assistance, including assistance with accommodation and housing, to enable him to exercise his right to live in the community in as dignified and independent a manner as possible, is entitled to receive these services in accordance with his wish and personal needs and in accordance with the provisions of the Fourth Schedule to this Law (in this chapter 'personal assistance basket services')
(b) Personal assistance basket services for a person in accordance with his needs shall be contained in an assistance basket which is determined for him by the committee
(c ) The eligibility for personal assistance shall not derogate from the person's eligibility for benefits, allowances, pensions and other rights to which he is entitled by law or agreement. However, a person for whom a personal assistance basket has been approved shall not be entitled to double pensions where the public pension or allowance was intended to finance a service which is being provided to him as part of the personal assistance basket which was approved, including a special services allowance.
Responsibility for provision of services / 19
(72) / (a)Each of the Ministers is responsible for providing a person with the personal assistance services which have been determined for that person in a personal assistance basket, as the case may be.
(b) The division of responsibility for provision of the personal assistance basket services shall be prescribed in the Regulations and shall be in accordance with the person's needs and the type of services which concern the field of his Ministry, as shall be stated in the Regulations.
Application for a personal assistance basket / 19(73) / (a) A person requesting a personal assistance basket shall apply to the committee for determination of a personal assistance basket.
(b) The person may present to the committee, personally or through another person on his behalf, a personal plan setting out all the personal assistance basket services to ensure his right to community housing (in this chapter: 'personal plan').
(c) A personal plan shall set out the person's wishes with regard to life in the community and integration into it, his aspirations, choices and preferences. In accordance with this the personal plan shall set out the type of services, their location, scope, the identity of their providers and the manner of receiving and implementing them.
(d) In order to formulate a personal plan as stated in this Section the committee shall provide the person with the assistance of a personal assistance basket coordinator who shall be made available to him for this purpose. He shall also be provided with full and accessible information to enable him to make an independent and intelligent decision as far as possible, and with a list of licensed service providers.
Principles of making a decision on the personal assistance basket / 19(74) / (a) The committee shall make a decision on the personal assistance basket which shall be determined for the person, its contents and scope, from a list of personal assistance services enumerated in the Fourth Schedule to this Law. The committee may also designate specific services for the person which are required by him in accordance with his personal needs, which are not included in the Schedule.
(b) The committee shall hold a discussion on the basis of the personal plan. If such a plan has not been submitted in spite of efforts to assist the person to formulate it by providing adequate assistance, a discussion shall be held on the basis of the person's position, preferences and wishes as presented to it at the discussion.
(c) From the date on which the person applied to the committee for determination of a personal assistance basket, the committee shall hold a discussion within 30 days at the latest.
(d) The committee shall hold its discussion in the presence of the person, shall listen to his position and shall listen to any other person acting on his behalf. For these purposes the committee shall ensure accessibility, as stated in the Equal Rights for People with Disabilities (Service Accessibility) Regulations, 5773-2013 under this Law.
(e) In its decision the Committee shall give primary weight to the person's wish and to the personal plan which he has submitted, if any, provided that these are compatible with the aims of this chapter and that there is no real and serious concern that implementation thereof will give rise to grave personal physical or mental risk or grave physical risk to another person.
(f) The person has the right to examine all the documents and data concerning him before the discussion.
(g) The Committee shall keep a record of the discussion and shall give reasons for its decision.
(h) The Committee shall furnish the person with the record of the discussion and the reasons within 14 days of the date of the discussion.
(i) The person has the right to appeal against the committee's determination, as stated in any law.
(j) The committee shall reexamine its decision and may alter it each year or at an earlier date if necessary or at the person's request.
Personal assistance basket committee / 19(75) / (a) The Ministers shall establish personal assistance basket committees in each district and shall determine their area of operation.
(b) The personal assistance basket committee shall have five members, and among them:
1. A jurist, a senior employee of the Ministry of Justice, who is qualified to be a District Court judge, and he shall be the chairman.
2. Two senior employees of the Ministry of Welfare or Ministry of Health or both of them, in accordance with the type of disabilities which the person has.
3. A senior employee of the Ministry of Construction or the Ministry of Defence, as the case may be.
4. A representative of an organization which engages in promoting the rights of persons with disabilities.
(c) The Minister of Justice, in consultation with the Ministers, shall establish regulations concerning the manner of appeal against the decisions of the personal assistance basket committee, the composition of the appeal committee and the procedures at its discussions.
Implementationof personal assistance basket / 19(76) / (a) If a personal assistance basket has been determined for a person, he shall receive it within a reasonable time, at a reasonable distance from his intended place of residence and it shall be of a reasonable standard.
(b) A person for whom a personal assistance basket has been determined shall be entitled to choose, from a list of licensed service providers, the party who will provide him with the personal assistance services, including being entitled to choose whether to receive the basket in sheltered housing in the community or in independent housing in the community.
(c) The personal assistance basket shall be implemented in one or some of the following ways, according to the person's choice:
1. By means of a payment voucher which the Ministers shall be responsible for supplying to the person and which shall be forwarded by him directly to the licensed service provider.
2. Service which will be provided to him directly, for which the Ministers are responsible.
Implementation and regulations / 19(77) / (a) The Ministers, after consultation with the Commission and with disabled persons' rights organizations, shall enact regulations with the approval of the Knesset Labour, Welfare and Health Committee, including with regard to:
1. The scope of the personal assistance basket services listed in the Fourth Schedule to this Law, their type, quality and availability.
2. Eligibility rules for personal assistance basket services, as stated in Section 19(71)(a), concerning the income test for the disabled person who is applying for determination of a personal assistance basket for himself, including rules for prevention of double public allowances or pensions, as stated in Section 19(71)(c).
3. The manner of division of responsibility between the Ministers, as stated in Section 19(72) of the Law.
4. Manner of appointing the committee, its composition, manner of appeal against its decision and its work procedures and the composition of the body to which appeal can be made, subject to the principles stated in Section 19(75) of the Law.
5. Provisions regarding ways of implementing the personal assistance basket, having regard to the type and nature of the service, including provisions concerning the maximum time until a person is given the services which have been approved for him and implementation thereof by means of an eligibility voucher, allocation of the service to a public entity or substitute service by a family member.
6. Qualification and authorization of the personal services basket coordinator.
7. Conditions for receiving authorization as a licensed service provider.
(b) The Ministers, after consultation with the Commission, and in accordance with the basic principle and the aims stated in this Law and with the approval of the Knesset Labour, Welfare and Health Committee, may by order add types of personal service to those listed in the Fourth Schedule to this Law.
(c) The first regulations under this Law shall be enacted within 6 months from the date of publication of the Law.
Supervision and publication / 19(78) / (a) In addition to their obligations under any other statute, the Ministers shall supervise and control the nature of the services which are provided to the person under this chapter, their quality and their availability.
(b) The Ministers shall publish, including in the media and housing frameworks for disabled people, information made accessible to all types of disabilities, with regard to the provisions of this chapter and the ways of implementing them, including information about services provided thereunder.
Application / 19(79) / (a) The provisions of this chapter shall be applied gradually over a period which shall commence not later than the date of publication of the Law and shall end not later than 1.11.26 (in this chapter the gradual application period).
(b) Until six months have elapsed from the date of publication of this Law, the Ministers of Welfare and Health may by order prescribe the gradual application of the provisions of this chapter.
(c) In prescribing arrangements for the gradual application, the Ministers shall take into account giving preference to implementation of the Law for groups of disabled persons whose rights to housing in the community are not anchored in the law at present.
(d) If orders have not been made under Sub-Section (a), the provisions of this chapter shall apply, in their entirety, not later than 1.11.26.
4. Addition of the Fourth Schedule / After the Third Schedule to the main Law the following shall appear:
"The Fourth Schedule (Section 19(70))
A personal assistance basket which is determined for a particular person under this chapter shall include all or some of the following personal assistance basket services:
The field of accompaniment, support, guidance and supervision
(a) Personal assistance in managing the home and the household;
(b) Assistance and accompaniment in making personal decisions, exercise of rights in various aspects of life and consumer activities;
(c) Personal assistance in performing daily activities, including dressing, eating, bathing and personal hygiene, mobility in the home;
(d) Supervision to prevent risk to the person or to others;
(e) Support and advice in making decisions and exercising rights;
(f) Assistance in implementing and coordinating the basket by a personal assistance basket coordinator;
(g) Accompaniment to leisure, employment and social activities;
(h) Personal assistance in coordination and exercise of rights to medical, paramedical and nursing services;
(i) Personal assistance in the maintenance of the family and matters relating to parenthood.
Assistance with accommodation and housing
(a) Participation in payment of rent
(b) Adaptation of a residential apartment
(c) Assistance in purchase of an apartment, including a grant or loan
(d) Sheltered housing framework
EXPLANATORY REMARKS
This Bill is intended to anchor the right of disabled people to live and reside in the community with maximum independence. This right, which is given to every person: to live in his home, to participate in the fabric of social life in the town in which he resides, to live his lifestyle, to determine his daily schedule and to make his personal and private choices by himself, is a basic condition for completing the human rights revolution for disabled people, for ensuring their dignity as human beings and for implementing their right to equality. Professional knowledge and much research done in the world and in Israel clearly support the conclusion that giving disabled people a real option of living in the community leads to a significant improvement in their quality of life, their feeling of self-esteem, their emotional state and their social and family relations.[1]
The UN Convention on the Rights of Persons with Disabilities, which the State of Israel ratified in the year 2012 ("the Convention") establishes in Section 19, which is headed: "Independent life and integration in the community", the State's duty to ensure that disabled people can live in the community in an equal manner and can choose their lifestyle in the same way as any other person. In the section the Convention also establishes the State's active obligation, by legislation and policy, to ensure the services required by people with all types of disabilities for the full exercise of their right to be integrated into the community and to participate in it. This section of the Convention delineates the law and policy with regard to this population in many Western countries, among them England, Scotland, Ireland, Germany, Australia, Italy and the USA, which in recent years have allocated resources for the development of suitable responses to community housing.
At the same time as promoting the policy of community housing, these countries have adopted a new model for provision of personal services to the disabled person, in the form of a personal assistancebasket. This system is based on a basket which pools all the support, accompaniment, assistance and protection services from among those offered by the State which are necessary for his independent residence in the community and are 'tailored' to his needs. This approach, which is based on the specific needs of the person, has led to the development of various models of community housing frameworks in many countries: from independent and supported living in the person's home or in his family's home to living in a sheltered housing framework in the community. Together with this and in supplementation, various support baskets have also been improved so that people with all types of disabilities, including people with particularly complicated needs, live and are integrated into the community. Experience also shows that over time and on systemic observation, the overall financial cost of disabled people living in the community is not higher than the overall cost of living in institutional frameworks which are each intended for tens and hundreds of people living together[2]., certainly when one compares the public expenditure with the quality of the results.