14 February 2023
Ombudsman Diana Kovacheva sent a recommendation to the Acting Minister of Health Dr. Asen Medzhidiev and the Director of the National Social Security Institute Ivaylo Ivanov, in which she insists that the necessary actions be taken to resume all delayed payments to disabled people.
The reason is the numerous complaints received from citizens who alerted the institution of the Ombudsman that after the latest changes in the Persons with Disabilities Act, which came into force on 25 January this year, there is chaos and no real action is taken by the responsible authorities, which makes it impossible for the affected persons to receive the funds owed to them.
We would like to remind that these changes were initiated by Prof. Kovacheva so that people do not lose their rights and receive their disability pensions while waiting for re-certification, which takes place after submitting an application-declaration. Thus, until a new TELK (Territorial Expert Medical Commission) decision is issued, the Regional Health Inspections (RHI) are obliged to provide information to all responsible bodies so that financial and targeted support to people with disabilities is not interrupted, including free vignette stickers, the right to personal assistance, assistant support, tax benefits, etc.
In the cases at hand, the RHIs had to send information about the delayed expert decisions within 14 days from the entry into force of the legal amendments, i.e. 25 January 2023, which deadline has already expired.
“In their complaints, the citizens note that they do not find understanding and support from the Regional Health Inspections and from the Territorial Divisions of the National Social Security Institute (TDs of NSSI) in the country regarding the development of the procedure regulated by the amendments to the Persons with Disabilities Act and the Health Act in force from 25 January 2023. They are concerned as they are constantly being forwarded from one institution to another, without being given an explanation as to whether the RHIs have fulfilled their obligations to send the required information to the TDs of NSSI and when the pensions are to be tranferred,” the Ombudsman states.
Prof. Kovacheva warned of the crisis situation in which many citizens with disabilities find themselves due to delays of the medical examination authorities. Thus, these people are effectively not given opportunity to exercise their rights and receive the assistance they deserve for a long period of time, again through no fault of their own.
“The lack of funds to cover their arising costs, including for food and medicine, makes the information about the timeframes in which the proceeding will be conducted and eventually the payments of their pensions will be resumed, particularly significant for them”, emphasizes the public defender.
Diana Kovacheva adds that the affected citizens expect their rights to be restored as soon as possible, because any day of delay for them means gross non-compliance with the current legislation and is tantamount to arbitrariness.
“In the light of the foregoing, and with a focus on the right to publicity and transparency in the decision-making process, in line with the right of disabled citizens to active participation guaranteed by the UN Convention on the Rights of Persons with Disabilities, and good administration under the Charter of Fundamental Rights of the European Union, I recommend that you provide the citizens concerned with information, including through appropriate publication and publicity, on the proceeding under § 6 of the Transitional and Final Provisions of the Act amending and supplementing the Persons with Disabilities Act”, the Ombudsman notes.
In conclusion, Kovacheva recommends that all necessary actions be taken to resume payments without delay.
“Pursuant to Article 28 of the Ombudsman Act, I expect you to inform me about your opinion and about the measures taken to implement § 6 of the Transitional and Final Provisions of the Act amending and supplementing the Persons with Disabilities Act,” Diana Kovacheva writes.