Children with the diagnosis of an autism spectrum disorder have a right for the governmental aid, however, it is not automatic. Their legal representative must ask for it.
The parents with an autistic child have a right for:
- a cash benefit for compensation
- a care allowance (after the child turns 6 years old)
- a personal assistance allowance (after the child turns 6 years old)
- a right for parental leave extension from 3 to 6 years
YOU WILL NEED THE FOLLOWING TO BE GRANTED THE CASH BENEFITS FOR COMPENSATIONS:
1. Application for a Cash Benefit from the web site of the Labour, Social Affairs and Family Office.
TIP: Please consult the correct filling of the form with somebody experienced, otherwise you can lose the money because of a mistake. E.g.: you will ask for a benefit for a car and you chose the car with an automatic transmission. However, you have a right for such a car only if the person with severe disability has a driving licence. You have a right for a car with no automatic transmission, however, as you have asked for the automatic one, your entitlement will be rejected.
2. Declaration of Assets from the web site of the Labour, Social Affairs and Family Office (LSAaFO).
EXPLANATION: You prove by the form whether the value of your assets is less than EUR 39,833. If it is higher, you will lose the entitlement for the benefit. All movable and immovable items owned by you and by the person with a SHD together with cash savings are considered the assets. ATTN – the real estate you live in, its necessary equipment and the vehicle which you have obtained thanks to cash benefit is not considered the assets.
3. Income Confirmation of the person with SHD and the assessed persons for the preceding calendar year
EXPLANATION: The income of a dependent child and both parents, who live in a household with them, is assessed together. The parents´ income is totalled up and divided by three. In repetitive cash benefits the income should be reassessed in July every year repeatedly.
4. Medical Finding in the official form (Annex to Act 447/2008 Coll.)
ATTN: The medical finding should be filled by a general practitioner and he should enclose other reports from special examinations, which may not be older than 6 months.
Submit the filled forms at the Labour, Social Affairs and Family Office and wait for the Medical, Social and Comprehensive Opinion.
The Medical Opinion contains the statement on the severe health disability, the intensity of the functional disorder (the cash benefit is granted only if it is higher than 50 percent) and the date of reassessment of the health condition.
The Social Opinion assesses the social consequences of the disability.
The Comprehensive Opinion includes both above opinions and proposes the type of the cash benefit.
If any of the items in the application are rejected, you can appeal the decision. If it does not help, you can address the Court.
The application for the benefit may be filed at the competent authority repeatedly, if the health condition of the individual or the situation in the family changes.
On the basis of the Opinions the LSAaFO shall issue/not issue:
- an ID card of a person with severe health disability (SHD)
FIND THE APPLICATION HERE [SK] - an ID card with a companion (SHD-A, if the person is dependent on assistance)
FIND THE APPLICATION HERE [SK] - a parking card (if the person is dependent on car transport)
FIND THE APPLICATION HERE [SK]
The SHD card gives you the right to apply discounts/exemption from the payment:
- travel tickets
- buses
- trains
- local public transport
- services of the municipal office
- a fee for real estate tax
- a fee for reserved parking
Extending parental leave
The parent of a child with a long-term bad health condition, requiring special care, has a right for the extending of a parental leave.
Decision/rejection of the extension is issued by the Labour, Social Affairs and Family Office on the basis of the comprehensive opinion.
On the basis of the issued opinion the employer shall provide the employee with the parental leave by the date when the child reaches the sixth year of their life. The parent receives the allowance in that period, however, they must not work. The child may attend a kindergarten, however, no more than 4 hours a day.
Allowance for personal assistence
Who is entitled?
A person from 6 to 65 years of age with a severe health disability (provided also after 65 if it was provided also before that)
Who is not entitled?
If the person with a severe health disability receives the allowance for caring or care service.
What is the amount of hours of the provided personal assistance?
The amount of hours of the personal assistance which the person with SHD is entitled to is determined by the Comprehensive Opinion
What is the amount of the allowance for personal assistance?
The amount of the allowance for personal assistance depends on the amount of the difference between the income of the person with SHD and the quadruple the subsistence minimum (the subsistence minimum for 2015 is EUR 198.09/month, so the quadruple is EUR 792.36).
If the income of the person with autism exceeds EUR 792.36 (e.g. EUR 1,000), the subsistence minimum is distracted from it (1,000 – 792.36 = EUR 207.64).
If the difference (207,64) is lower than the amount of the allowance for personal assistance granted to the person with SHD, the amount of the final allowance equals the difference between those amounts.
If the difference (207.64) is higher than the amount of the allowance for personal assistance granted to the person with SHD, the financial allowance is not granted.
The rate for one hour of personal assistance represents 1.39 % of the subsistence minimum amount, so today EUR 2.75 per hour.
Who can be an assistant
- if the person with SHD has a right for the assistance for no more than 4 hours a week: family members (e.g. grandparents, siblings) until the age of majority is reached
- the parent after the person with SHD reaches the age of majority, for no more than 4 hours a day and only in selected activities
- another legally capable major person, if the number of hours of personal assistance is no more than 10 hours a day
Who cannot be an assistant
- the parent (until the person with SHD reaches the age of majority)
- the person who has the child in the foster care
- the person appointed a guardian by the court
- family members, it the person with SHD has a right for more than 4 hours of personal assistance a day
Personal assistent
No special qualification is required to perform personal assistance.
Families mostly find personal assistants themselves or through their acquaintances or through family groups and associations. However, there are also agencies which can provide families with an assistant according to their needs.
A personal assistant performs the activity on the basis of an agreement concluded by and between the child’s parent / child’s legal representative and the personal assistant.
FIND THE SAMPLE AGREEMENT HERE [SK]
Obligations
- registration at the tax authority
- if they do personal assistance along another job, they are obliged to file a tax return and to pay the tax
- if they do personal assistance only, the filing of a tax return depends on the amount of their income
- if they earn more than a half of a non-taxable part of tax a year, they are obliged to file a tax return
The cash benefit is paid on the basis of a monthly statement of worked hours of personal assistance, where the total number of worked hours in the particular month is stated. If the hours are not spent during a year, they cannot be transferred to the calendar year.
Care allowance
Who is entitled?
The person who cares about a person older than 6 years
- the parent/legal representative
- the guardian of the person with SHD
- relatives
- the person who cares about the person with SHD and lives with them
What is the amount of the allowance?
The amount of the allowance is 111.32 % of the subsistence minimum in one person with SHD and 148.42 % of the subsistence minimum if they care about 2 and more persons with SHD.
If they care about a person with SHD, who is provided a daily care social service or who attends school for more than 20 hours a week, the amount of the allowance is 98.33% of the subsistence minimum. If they care about two or more persons with SHD under such conditions, the amount of the allowance is 139.15% of the subsistence minimum.
If they care about a person, who is provided a daily care social service or who attends school for more than 20 hours a week, and at the same time also a person, who is not provided a daily care social service or who is provided it for no more than 20 hours a week, the allowance is 144.71% of the subsistence minimum.
The person, who receives old age pension, early old-age pension, disability pension due to a decreased ability to perform gainful activity by more than 70%, pension for years of service or disability pension for years of service, is given the allowance in the amount of 46.38% of the subsistence minimum in the case of care about one person, in the case of care about two or more persons it is in the amount of 61.22% of the subsistence minimum.
If the income of the person with SHD is higher than 1.4-fold the subsistence minimum, the amount of the allowance is decreased by the amount by which the income of the person with SHD exceeds the allowance. If a dependent child is the person with SHD, the care allowance is decreased by the amount, by which the income of the person with SHD exceeds the threefold of the subsistence minimum.
The allowance may be increased by EUR 49.80 a month if a dependent child (one or more) is the person being cared for, and the person who cares about them does not have an income from employment and does not receive pension insurance benefits or pension for years of service benefits.
The allowance is given also when the person caring for the person with SHD is employed but their monthly income may not exceed the double of the subsistence minimum.
The allowance is given only for the days during which the person performs the care. They are entitled to the allowance also when they are enhancing the qualification, e.g. in form of a study along the employment or in form of distant studies, and at the time of their absence they provide the care by another person.
Other benefits:
In accordance with the law the person with SHD is entitled also to other benefits:
Recurring benefits for compensation:
- for transport
- for compensation of higher expenditures
- for diet food
- for hygiene, wear of clothing, linen, shoes and equipment
- for car operation
- for care about a dog with a special training
Non-recurring benefits for compensation:
- for purchase, use training, modification and repair of an aid tool
- for purchase of a lifting device
- for purchase of a passenger car
- for modification of a passenger car
- for modification of a flat
- for modification of a family house
- for modification of a garage