2 November 2023
Ombudsman Diana Kovacheva sent a recommendation to the Minister of Labour and Social Policy Ivanka Shalapatova and the Minister of Finance Asen Vasilev, in which she insists that with the new state budget the monthly allowances for raising a child with permanent disability until graduation from high school, but not after the age of 20, be updated, in conjunction with Article 8e of the Family Allowances for Children Act.
Support for children is now divided into three groups according to their disability degree. Children with 50 to 70 per cent type and degree of disability or a degree of permanently reduced working ability receive the smallest allowance per month at BGN 350, children with 70 to 90 per cent degree of disability per month receive BGN 450, and children with 90 and over 90 per cent type and degree of disability or a degree of permanently reduced working capacity get BGN 930 each, which is highly inadequate, given the high inflation and the increased prices of food, medicines, etc.
The Ombudsman draws attention to the fact that not only have these monthly allowances not been updated since the end of 2016, but no mechanism has been envisaged to update them automatically over the years.
“Given the provision of Article 8e, paragraph 2 of the Family Allowances for Children Act, which does not allow the amount of the support to be lower than in the previous year, the financial support to individual groups of beneficiaries has remained unchanged for 7 years in the State Budget of the Republic of Bulgaria Acts”, writes the public defender.
Prof. Kovacheva also notes that she has repeatedly brought this issue to the attention of the responsible authorities, including by expressing her categorical opinion during the deliberation of the 2023 State Budget of the Republic of Bulgaria Act, published in the State Gazette, No. 66 of 1 August 2023, but to date no actions have been taken to address it.
“Of note is the fact that support for families with permanently disabled children has been significantly reduced during the last year. This is due to the serious inflation in the country, which reflects on the ability to meet children’s needs. In these circumstances, of note are the mechanisms for determining the amounts of monthly financial support and targeted financial support for people with permanent disability aged over 18 under Article 69 of the Persons with Disabilities Act, as well as the amounts of various social benefits, following the latest positive steps towards amending the Social Assistance Act, published in the State Gazette, No. 102 of 2022, effective from June 1, 2023. All these social payments are tied to the poverty line, which is a dynamic indicator,” the Ombudsman emphasizes.
Diana Kovacheva is adamant that the difficulties faced by the families of permanently disabled children, the exclusion of this vulnerable group from the opportunity to receive an adequate and annually updated amount of government support, creates conditions for increased social tension and dissatisfaction, which is evident from the hundreds of complaints about the problem received at the institution from affected individuals in the last few months.
“Monthly allowances are the only support for families with disabled children that are given in the form of monthly cash allowances. They support the income of the carers and are an important pillar in the efforts to ensure a dignified life for children with disabilities in home and family environment, taking into account their best interests. Therefore, their size should be adequate, reflecting the inflationary developments in the country, the minimum wage and the various types of pensions under the Social Insurance Code,” writes the Ombudsman.
Prof. Kovacheva draws attention to another aspect of the problem, i.e. that the methods chosen for updating the support from the government cause a significant difference in the treatment of children with disabilities and their parents/caregivers receiving benefits under Article 8e of the Social Insurance Act, and the individuals with disabilities receiving monthly allowance under Article 70 of the Persons with Disabilities Act. She points out that both groups are equally vulnerable and need adequate support, and this applies to children with disabilities, too.
“The problem is even more serious for children with 90 and over 90 per cent type and degree of disability, referred to as users of personal assistance under the Personal Assistance Act. Pursuant to Article 13, paragraph 2 of the Personal Assistance Act, the amount of the support under Article 8e of the Family Allowances for Children Act is further reduced by up to BGN 380 of that support, the specific amount corresponding to the number of hours determined in the individual needs assessment, which is transferred to the municipal budget by the Social Assistance Agency after the appointment of an assistant and the conclusion of the employment contract”, the Ombudsman warns, insisting that the support for children with disabilities be tailoured to their needs and the international acts to which our country is a party, by updating it in the 2024 state budget.