Frequently Asked Questions
Updated: 12-07-2024
In accordance with Article 41, the Ordinance enters into force on the day following its publication and takes effect on 1 January 2024.
The provisions of paragraph 3 of article 14, which determines that training is provided in accordance with the provisions of the Legal Regime of the National Qualifications System and the National Qualifications Catalogue, specifically the Training Course for Personal Assistance to Support the Independent Life of Persons with Disabilities or Disabilities, enter into force when the necessary conditions for the feasibility of the qualification regime are met.
Notwithstanding article 1, of Ordinance No. 415/2023, of December 7, establishes the conditions of creation, installation, organization and operation that must obey the social response independent life support service (SAVI), which consists in personal assistance to support the person with disability or incapacity, (...).
As such, it is considered that this law will only apply to cooperation agreements that may be concluded between the ISS, I.P. and entities with CAVI. Until the conclusion of these agreements and as long as the transitional protocols between the ISS and the entities are in force, the legislation that should be taken into account will be Decree-Law No 129/2017 of 9 October 2017 and its provisions.
Updated: 12-07-2024
The Ordinance and the financing rules provided for in Articles 34 to 37 shall apply to entities that promote and provide the personal support service for persons with disabilities, which have the nature of a non-governmental organisation for persons with disabilities (NGPD) and have the status of a private social solidarity institution (IPSS), in accordance with the applicable legislation.
The rules regarding the creation, organization and operation of MAVI shall also apply to public and private entities that ensure its development.
Updated: 12-07-2024
support activities in the fields of hygiene, food and personal care;
(b) one-off domestic care support activities;
follow-up activities to consultations, treatments and rehabilitation interventions;
(d) travel support activities;
e) Communication mediation activities;
support activities in the context of work and socially useful activities;
g) Activities to support the frequency of vocational training;
activities in support of formal education;
i) Support activities for higher education and research attendance;
support activities in culture, leisure and sport;
support activities for active job-search;
l) Support activities for the creation and development of social support networks;
activities in support of participation and citizenship;
n) Activities in support of decision-making, including the collection and interpretation of information necessary for decision-making.
Activities in support of formal education can only be carried out in the development of teaching activities, in terms to be regulated.
Updated: 12-07-2024
The new model of the plan will be approved by resolution of the governing board of the National Institute for Rehabilitation, I.P., which will be disclosed in due course by all CAVI in operation.Updated: 12-07-2024
Personal assistance is provided as a support service organised by CAVIs through the resources available for the pursuit of the independent life plan of the person with disabilities, through the distribution of support hours.Updated: 12-07-2024
Yes. Support hours may be provided consecutively or cumulatively, with a maximum limit per recipient of 240 hours per month.
In exceptional and duly substantiated situations, where the full realization of the project of independent living of the recipient implies a number of monthly hours of support exceeding 240 hours, this limit may not be observed, and the hours of support must correspond to those necessary in the specific situation, up to 24 hours a day. In these situations, the CAVI technical team must refer the situation to the national multidisciplinary team provided for in Article 31.
Updated: 12-07-2024
Persons with disabilities certified by a certificate of multipurpose disability or disability card of the Armed Forces with a degree of disability equal to or greater than 60% and age equal to or greater than 14 years are recipients of personal assistance. Regardless of the degree of disability, people with intellectual disabilities, mental illness and autism spectrum may be targeted.Updated: 12-07-2024
Personal Assistants may be those who meet the requirements and criteria set out in the Ordinance:
Requirements:
- 18 years of age or older;
- Compulsory schooling
Criteria:
- be of sufficiently good repute to carry out the activities covered by the personal assistance;
- Have emotional balance and behavioural skills appropriate to individual and close support in promoting the empowerment of persons with disabilities;
- be physically and mentally robust for the duties in question.
With regard to points (a) and (b), the Board of Directors of the INR, I.P., in conjunction with the ISS. I.P., approves by deliberation the guidelines of the competency profile.
Specific criteria (depending on the specific situation):
- hold or hold a driving licence;
- Have technical skills in the area of information and communication technologies from the user's perspective;
- Have communication skills in Portuguese sign language;
- Have technical skills in orientation and mobility;
- Have knowledge in the area of health, namely at the level of basic life support and first aid.
They shall not have, and never have had, any family legal relationship of marriage, partnership, adoption, kinship or affinity up to the second degree of the straight line, or the fourth degree of the collateral line, with the recipient of personal assistance. They must have the professional training/qualification necessary for the performance of the duties.
Updated: 12-07-2024
The exercise of the function of Personal Assistant is dependent on the possession of specific professional training or certification of qualifications obtained through the process of recognition, validation and certification of competences (RVCC).
This training is provided in accordance with the legal framework of the National Qualifications System and the National Qualifications Catalogue, specifically the Training Course for Personal Assistance to Support the Independent Life of Persons with Disabilities or Disabilities.
Updated: 12-07-2024
Training is provided by CAVI in accordance with the training content decided by the INR, I.P. pursuant to Decree-Law No 129/2027 of 9 October.Updated: 12-07-2024
Yes, in the following situations:
- a person holding a certificate of qualifications relating to the units of competence and/or short-term training units for the career of a personal assistant included in the National Catalogue of Qualifications;
- Who holds a certificate of training provided for in Decree-Law No 129/2017 of 9 October 2017, in its current wording, and has provided effective work.
Updated: 12-07-2024
The initial vocational training takes place after the conclusion of the employment contract or the start of the provision of services, during the first 30 working days of provision of activity.Updated: 12-07-2024
The personal assistant is hired by CAVI to perform duties with the person with disabilities or incapacity receiving personal assistance, through the conclusion of an employment contract on a service committee, in accordance with the provisions of the Labour Code.
In exceptional cases you can be hired by CAVI as a service provider, as long as CAVI does not have more than 30% of its employees in these circumstances and the maximum number of 4 hours per day is fulfilled.
In the case of temporary incapacity for work due to illness, parental leave and holidays of personal assistants hired on a commission basis, CAVI may also resort to hiring service providers, for the necessary replacement period.
Updated: 12-07-2024
The model identification card shall be approved by decision of the Board of Directors of the INR, I.P., subject to prior coordination with the ISS, I.P.Updated: 12-07-2024
CAVI should be organized as an autonomous nucleus within the NGOPD and IPSS, privileging the integration of people with disabilities.Updated: 12-07-2024
CAVI's team consists of technicians and technicians with higher education qualifications, namely in the areas of psychology, sociology, management and administration, social service and rehabilitation.
The team shall be composed of up to four members and its composition and time of assignment shall be determined according to needs, in particular the number of persons with disabilities or incapacity supported, according to the following criterion:
a) 2 team members for the 10 to 19 people supported;
b) 3 team members for 20 to 39 supported persons;
c) 4 team members for 40 to 50 or more supported persons.
Whenever necessary, in particular for lack of human resources, CAVI may contract with companies or specialized personnel to provide auxiliary support activities, namely recruitment and selection, training, accounting, legal services and technical services to assess the degree of accessibility of buildings and facilities provided for in Decree-Law No 163/2006 of 8 August 2006, as amended.
Updated: 12-07-2024
Recognition of CAVI is requested by completing a form to be made available for this purpose by the INR, I.P.
The INR, I.P., in conjunction with the ISS, I.P., is responsible for recognising CAVIs established pursuant to Ministerial Implementing Order No 415/2023 of 7 December 2023.
The INR, I.P. shall notify the applicant authority of the decision within 15 days of receipt of the request for recognition.
Only entities provided for in Article 2 of the Ordinance that comply with the requirements set out in Articles 16 et seq. shall be recognised.
Updated: 12-07-2024
Yes. The decision on the recognition of CAVI shall be reviewed every five years.Updated: 12-07-2024
No, no, no, no. Without prejudice to the need for their revalidation, CAVIs recognised under the pilot project established by Decree-Law No 129/2017 of 9 October 2017 shall retain their recognition and the capacity of hours and the number of recipients covered.Updated: 12-07-2024
The activity of CAVI, ensuring compliance with the provisions of Ministerial Implementing Order No 415/2023 of 7 December 2023, is monitored by the INR, I.P., in conjunction with the ISS, I.P. and the national multidisciplinary team.
The services developed by CAVI are monitored by the ISS, I.P. under the rules established for cooperation and in coordination with the other entities involved.
Updated: 12-07-2024
The territorial scope of intervention is supraconcelhio.Updated: 12-07-2024
The agreements are monitored by the ISS, I.P. and the INR, I.P. and relate to:
- the achievement of the objectives set;
- the quality of the service provided;
- Technical intervention carried out
Updated: 12-07-2024
ISS, I.P.Updated: 12-07-2024
Yes. Ministerial Implementing Order No 415/2023 of 7 December 2023 creates this entity consisting of the INR, I.P. and the ISS, I.P., under terms to be defined in a separate order..Updated: 12-07-2024
The National Multidisciplinary Team to support MAVI, is integrated in the national coordinating entity and consists of elements designated by the INR, I.P., and ISS, I.P..
This team shall be responsible in particular for:
- draw up the relevant technical report, where it appears necessary for personal assistance to be made available in a greater number of support hours, as provided for in Article 7(3);
- allow the maximum number of persons supported to be higher than that defined in Article 25(4);
- Monitor and evaluate the composition of the technical team;
- Promote all the necessary steps for the implementation, development and execution of MAVI;
- Drawing up and proposing a draft contract of employment or provision of services;
- support all entities expressing an interest in providing the personal helpdesk for persons with disabilities;
- Collect and make available all relevant information for the development and effective monitoring of MAVI;
- prepare the annual assessment provided for in Article 32.
The national multidisciplinary team is chaired by INR, I.P.
Updated: 12-07-2024
The INR, I.P., in conjunction with the ISS, I.P., defines indicators, monitors and guarantees the availability of MAVI implementation information.
The national multidisciplinary team provides quarterly monitoring reports and an annual internal evaluation report.
An evaluation of MAVI is carried out on a mandatory basis and by an independent body. The first one will take place three years after the start of the implementation of MAVI and the subsequent ones every five years.
The evaluation must take into account the contributions of the persons supported, CAVIs and other organisations representing the disability area.
Updated: 12-07-2024
MAVI shall be financed through the cooperation scheme between the government area responsible for social security and the entities referred to in Article 2(1), and the cooperation agreement shall define, in particular, the capacity of hours and number of recipients covered, human resources and financial assistance.Updated: 12-07-2024
No, no, no, no. The personal assistance service does not determine the payment of family assistance.Updated: 12-07-2024
Yes. With the exception of the activities referred to in Article 5(1)(a), personal assistance may be combined with the care allowance and the dependency supplement, or other financial support and social work allowances.
Provided that the non-duplication of activities and periods of service is safeguarded, personal assistance can be combined with the following social responses:
a) Centre for Activities and Empowerment for Inclusion (CACI);
b) Empowerment and Inclusion Residences (RAI);
c) Home Support Service (SAD);
d) Centre for Care, Monitoring and Social Rehabilitation for Persons with Disabilities (CAARPD);
a person with a disability or incapacity benefiting from a residential type of social response may opt for the provision of personal assistance, benefiting from a transition period of six months during which the frequency of both responses is possible.
Updated: 12-07-2024
The PSI is cumulative with the support in all activities of MAVI with regard to its base and complement component, and the increase may not be to compensate specific costs resulting from the support provided for in point a) of paragraph 1 of article 5 of the Ordinance.Updated: 12-07-2024
All support that is not intended to offset charges similar to the activities provided for in Article 5(1)(a) of the Ministerial Implementing Order shall be cumulated.