23 March 2023
The Ombudsman complained to the acting Prime Minister Galab Donev about the need of compliance with the laws regarding the implementation of social assistance measures for people with low incomes when paying for water supply services.
We recall that Prof. Kovacheva has asked the acting Ministers of Finance and Labour and Social Policy to provide information by region on how many citizens received the so-called "water assistance" for drinking and household needs in 2021 and 2022. The Ombudsman insisted on being provided with the actual amounts of social benefits paid in leva in the specified period and how many persons received such benefits, including the grounds for granting them.
The reason for the public defender's letter is the drastic increase in water prices across the country, as well as the frequent complaints to the institution by people who have difficulty paying their bills and complaining from the refusal of the Social Assistance regional directorates to grant them “water assistance”. According to the legislation in our country, the persons under Article 2, paragraph 3 of the Social Assistance Act (SAA) are entitled to water assistance, corresponding to the monthly minimum water amount under § 1, paragraph 2 of the Additional Provisions of the Regulation of Water Supply and Sewerage Services Act. These are people who, due to health, age, social and other reasons beyond their control, cannot ensure their subsistence through their work or income generated from own property, or with the help of those obliged under Article 140 of the Family Code to support them.
Diana Kovacheva has received an answer from the acting Deputy Prime Minister and Minister of Labour and Social Policy Lazar Lazarov, stating that the Ministry of Labour and Social Policy has upheld a general stance since 2004 that the SAA provides for the necessary social protection, and there is no need to intervene with a special type of assistance.
“The law is clear and I believe that you will take the necessary steps to ensure compliance with it. The legislator in an unambiguous way, without the possibility of choice, has set out the right to receive the specific type of assistance of the specified group of persons”, wrote the Ombudsman to the acting Prime Minister.
She points out that pursuant to Article 12, paragraph 4 of the SAA: “The conditions and procedure for granting, paying, amending, suspending, resuming and terminating social benefits are laid down in the regulations for the implementation of this Act, with the exception of targeted heating benefits, which are regulated by an ordinance of the Minister of Labour and Social Policy.”