2024-02-21 14:30:46
The ombudsman Diana Kovacheva has once again alerted the Minister of Social Affairs Ivanka Shalapatova and the manager of the National Statistical Institute Ivaylo Ivanov that the institution continues to receive many complaints from citizens with disabilities regarding the payment of their disability pensions.
Prof. Kovacheva emphasizes that due to poor health and the lack of employment, disability pensions are the only income of disabled people with whom they live – they pay for the utilities for their homes, buy medicines, cover their prescribed treatment and rehabilitation.
“Given the essence of pensions and their purpose, it is essential that the due funds are adequately paid and in full from the time the right arises, as the provisions of the Social Security Code (SSC) play a determining role in this,” writes the public defender.
Diana Kovacheva emphasizes that, on the one hand, citizens’ problems with disability pensions are related to incorrect interpretation and application of current regulations, and on the other hand, to the need for changes in CSR.
In the first place among the problems, the ombudsman points out the suspension of disability pensions by the National Insurance Institute in cases where the NELC cancels and returns the expert decision of the TELC for a new ruling.
“According to Art. 98, para. 7 of the CSR when appealing the decisions of TELC and NELC by the chairman of the medical commission or according to the order of art. 112 of the Health Law, until the decision of NELC, respectively of the court on the appealed decision of the medical examination authorities, comes into force, a disability pension in the amount of the social pension for old age is granted, resumed and restored,” Kovacheva wrote.
She emphasizes that upon appeal of the expert’s decision determining 50 percent or more permanently reduced working capacity, the pension is not stopped entirely, and the disability pension is paid, but in the amount of the social pension for old age.
And in the event of cancellation of the decision to determine 50 or more than 50 per cent type and degree of disability/degree of permanently reduced ability to work and the file is returned for a new examination to the administrative body that issued the initial act, the Territorial Divisions of the NOI have introduced a practice of suspension of disability pensions, regardless of the provision of art. 98, para. 7.
“The provision is special in relation to the general rules of Art. 95, para. 1 of CSR. The purpose of the right provided to the insured person under the conditions specified in the provision is to provide an opportunity to provide for the basic life needs and needs of the persons until the final resolution of the issues of permanently reduced working capacity”, the ombudsman points out and insists on a correct interpretation and application of the provision of Article 98, Paragraph 7 of the CSR in order to guarantee the interests of the affected citizens.
There is another problem related to Art. 98, para. 7, according to which, to those entitled to leave, a disability pension is resumed and restored in the amount of the social pension for old age only, and not the real pension to which they are entitled, after the requirements of Art. 72 and Art. 74 of CSR.
“It is noted in the complaints that according to Art. 112, para. 9, ex. 1 of the Health Act, the appeal pursuant to Art. 112, para. 1 – 8 of the expert decisions on permanently reduced working capacity/type and degree of damage to the organs of the medical expertise does not stop their implementation. In ex. 2, it is also explicitly specified that during the period of appeal of the expert decision on permanently reduced working capacity/type and degree of disability, the person enjoys the rights arising from the appealed expert decision, such as in the case of a reduction in the type and degree of disability, leading to a reduction or elimination of the granted support, the re-verified person does not reimburse the received amount in excess”, emphasizes the public defender.
Please note that the limitation of the amount of the granted disability pension to the amount of the social pension for old age, provided for in Art. 98, para. 7 of the CSR, currently appears to be in conflict with the provisions of Art. 112, para. 9 of the Health Act and Art. 72 of the CSR, as well as with the principles of the UN Convention on the Rights of Persons with Disabilities and the Charter of Fundamental Rights of the EU. Thus, in practice, disabled citizens are deprived of the opportunity to receive the funds they need and are entitled to in the form of a full disability pension.
Therefore, the ombudsman recommends amendments to Art. 98, para. 7 of CSR, through which to solve this problem.
The long period within which payments are resumed by the National Insurance Institute for the re-certification of persons is another unsolved problem, as the institution’s repeatedly expressed position is that after the issuance of the expert decision by TELK or NELK, the due support to disabled people should be pays adequately and without delay.
“Not the least important are the complaints in connection with the possibilities of easy transition from one type of pension to another and choosing a pension that is not the most favorable in size. As the ombudsman has emphasized more than once in his opinions, CSR provides for the possibility of choosing the more favorable option of the pension. However, CSR does not provide an opportunity to give up the more favorable pension and switch to another type of pension to which the interested person is entitled, but is lower in size,” Prof. Kovacheva points out.
It also reminds of the problems with the text of Art. 74 of the KSO, which requires disabled people with a certain 50 and over 50 percent type and degree of disability/degree of permanently reduced working capacity to have acquired insurance experience until the specified date of disability in order to be able to receive a disability pension due to general disease.
“From the numerous complaints received from citizens with disabilities, it is established that a significant part of young people with disabilities, up to the age of 25, cannot acquire the required insurance experience. On the other hand, until reaching the age of 18, children with disabilities cannot work due to age restrictions and due to the disease itself. After reaching the age of 18, already as adults, they again face difficulties in finding a job and acquiring the required experience, given the lack of suitable employment and the still existing stigma about the capabilities and needs of these vulnerable citizens”, summarizes the public defender.
It also indicates another serious problem related to the provision of Art. 74 of the CSR, for the resolution of which the ombudsman has been insisting for years – the requirement that the insurance experience has been accumulated until the date of disability.
It emphasizes that in many cases the disability occurred before the required insurance experience for granting a disability pension due to a general illness was acquired, and the citizens then continued to work.
“In practice, these citizens, with a similar insurance contribution as those who meet the requirements for the acquisition of a disability pension due to a general illness under Art. 74, and in some cases they even have a much longer experience, but accumulated after the date of the disability, they find themselves treated less favorably and at risk of not being able to meet the arising costs to compensate for the deficits caused by the disabilities. Because the restrictions in the provision leave people with a certain type and degree of disability/degree of permanently reduced working capacity from 50 to 70.99, without the necessary insurance experience until the date of disability, with only monthly financial support under Art. 70 of the Law on People with Disabilities, which is equal to 7% of the poverty line or BGN 36.82 for 2024,” argued Diana Kovacheva.
In conclusion, she emphasizes that disability pensions are a replacement income in the event of a partial or complete loss of working capacity for persons, before they leave the active working age, and through them not only satisfy life needs, but also support the efforts of people in a vulnerable situation to lead a dignified and active life.