cancer patients; ophthalmology (visual function); locomotor - loss of segments (amputations); Otorhinolaryngology – larynx.

A Law No 14/2021 of 6 April 2021, established a transitional regime for the issuance of a medical certificate of multi-use disability for newly diagnosed cancer patients, with the attribution of a minimum degree of disability of 60% within five years of diagnosis.

The issuance of the medical certificate of multipurpose disability is the responsibility of the hospital, not specifying whether public or private, where the diagnosis was made.

Confirmation of the diagnosis and the issue of the certificate is carried out by a specialist doctor other than the doctor who follows the patient.

In accordance with Article 4 (10) of the Decree-Law No 202/96 of 23 October 1996 consolidated version, all AMIM, when subject to renewal or reassessment, including those issued to newly diagnosed cancer patients or other arrangements provided for by law, remain valid for the purpose of granting and maintaining social, economic and tax advantages, provided that they are accompanied by proof of submission, by the date of its expiry, of the JMAI's request.

A Ministerial Implementing Order No 151/2024/1 of 8 April 2014, establishes that pathologies Ophthalmology (visual function), locomotor system - loss of segments (amputations), otorhinolaryngology – larynx, as described in medical reports submitted by the applicant waive the assessment in JMAI, provided that they allow for an automatic allocation of devaluation on the basis of the devaluation provided for in the National Disability Table (TNI) may be the subject of a medical certificate of multi-purpose incapacity, in the context of the assessment of disability, with a temporary dispensation from a medical committee for the assessment of disability.

When the validity period of the Multipurpose Medical Disability Certificate (MAMI) has expired, is it still valid?

Answer: Yes, provided that they are accompanied by proof of submission, by the date of its expiry, of the application for the new JMAI. In accordance with Article 4(10) of Decree-Law No 202/96 of 23 October 1996, consolidated version, all AMIM, when subject to renewal or reassessment, including those issued to newly diagnosed cancer patients or other schemes provided for by law, remain valid for the purposes of granting and maintaining social, economic and tax benefits.

Should the request for renewal or re-evaluation of AMIM be made before the expiry of its deadline?

Answer: Yes, so that you can guarantee your rights, as mentioned in the previous reply.

Who is the Informal Caregiver Statute for?

Answer: The status of informal carers is intended for people who provide permanent or regular care to people who are in a situation of dependency on others (cared-for person).

What conditions should the person cared for have?

Answer: “(...) The person cared for must meet the following conditions:

- 2nd degree dependency supplement

- 1st degree dependency supplement, if you are temporarily bedridden or in need of permanent care, because you are in a situation of dependency, subject to specific assessment by the Incapacity Verification Services of the Institute of Social Security, I.P. (ISS)

- Third-party care allowance

- Addendum for dependence of 1st and 2nd grades and allowance for assistance of third person granted by the Caixa Geral de Aposentações (CGA). (...)”

Answer: ‘The Solidarity Supplement for the Elderly (CSI) is a cash support paid monthly to low-income elderly people, aged equal to or above the normal age of access to the old-age pension of the general social security scheme, i.e. 66 years and 4 months and resident in Portugal.’

Answer: No, no, no, no.

Answer: Yes.

Answer: Yes.

Answer: “Additional Health Benefits are supports that reduce health expenditure. Older people who are receiving CSI are entitled to support in the purchase of medicines, glasses and lenses and removable dentures.”

Can persons with disabilities request a parking space near home or work?

Reply: Yes, they can, provided they have the community model parking card for people with disabilities conditioned on their mobility, issued by the Instituto da Mobilidade e dos Transportes, I.P. (IMT, I.P.).

Who can assign?

Answer: The allocation of the parking space reserved for people with disabilities, within the localities is the responsibility of the City Councils, which also has the task of placing the respective signage in accordance with the Traffic Signaling Regulation, which establishes several rules related to the implementation and placement of the signage.

Who can park?

Answer: The disabled person holding the community model parking card for disabled persons with mobility limitations, issued by the IMT, I.P., may use all parking spaces validly reserved for this purpose, regardless of whether or not they have a registration plate or parking card number registered.

The card shall be placed next to the front windscreen of the vehicles to which they are moving, visibly from the outside, when they are parked in the places specially designated for them.

The Community model parking card for persons with disabilities whose mobility is restricted is not dependent on the ownership of the vehicle, but may only be used in a vehicle actually carrying the disabled person.

I asked for a parking space near my home and workplace, can this place be occupied by another car that has the community model parking card for disabled people with mobility limitations?

Answer: Yes you can.

Is it allowed to park in a place for people with disabilities without the parking card?

You cannot park or stop in a place for people with disabilities without this card. Since the amendment of the law, parking in places for people with disabilities has become a serious administrative offence. This means that there is a loss of two points on the driving licence, a fine of €60 to €300 and an additional penalty of driving disqualification from one month to one year.

Which legislation applies?

Answer: The provisions of Decree-Law No 307/2003 of 10 December 2003 as amended by Law No 48/2017 of 7 July 2017, which “establishes an obligation for public authorities to ensure parking spaces for persons with disabilities.

What is the obligation of public authorities?

Those set out in Article 10 of the Decree-Law and the following paragraphs:

‘2 - Public entities that have parking spaces for users shall ensure the availability of free parking spaces for persons with disabilities, in number and characteristics that comply with the provisions of the technical standards for improving accessibility for persons with restricted mobility, published as an annex to the Decree-Law No 163/2006 of 8 August 2006.

3-the provisions of the preceding paragraph shall also apply to public entities, even under public-private partnership, whose parking intended for users is concessioned to third parties.

4 - Public entities that do not have parking facilities for users shall ensure that parking spaces reserved for persons with disabilities are made available on the public highway, in accordance with the provisions of the technical standards for improving accessibility for persons with restricted mobility, published in the annex to Decree-Law No 163/2006 of 8 August 2006.’

Who can use parking for people with disabilities?

Only persons with disabilities who have the community model parking card, issued by the Institute of Mobility and Transport (IMT, I.P.), according to

the provisions of Decree-Law No 307/2003 of 10 December 2003 as amended by Decree-Law No 128/2017 of 9 October 2017.

What is the legislation?

O Decree-Law No 307/2003 of 10 December 2003approved the Community model parking card for people with mobility disabilities, the scope of which was extended by Decree-Law No 128/2017 of 9 October 2017.

Who can use the parking card?

In accordance with Article 4(1) of Decree-Law No 128/2017 of 9 October 2017, the following persons may use the parking card:

What information should be included in the Medical Certificate of Multipurpose Disability?

The table – Discrimination against disability the Multipurpose Medical Disability Certificate (AMIM) must be duly completed, identifying the nature of the disability and its degree.

Where to apply for a parking card?

The parking card is requested from the Instituto da Mobilidade e dos Transportes (IMT, I.P.), either in person or electronically http://www.imtonline.pt/.

Is the parking card dependent on the ownership of the vehicle?

The parking card is not dependent on the ownership of the vehicle, as it can be used in any vehicle actually carrying the disabled person.

In order to be able to use the places reserved for persons with restricted mobility, the European Parking Card for persons with reduced mobility should be placed on the dashboard of the vehicle occupying that place in such a way that it is visible from outside the vehicle and only when the person with disabilities is travelling in it.

For more information see the website http://www.imt-ip.pt/sites/IMTT/Portugues/Paginas/Distico-estacionamento.aspx.

In accordance with Article 134(2) the absences due to the need for outpatient treatment, carrying out medical consultations and additional diagnostic tests which cannot be carried out outside normal working hours and only for the time strictly necessary, do not determine loss of earnings

In Article 15(7) of the Diploma sick leave taken by persons with disabilities, where this is due to their own disability, are not subject to loss of earnings in the first three days, and under Article 14 of the same law, this scheme is applicable only to workers who are part of the convergent social protection scheme, i.e. who make deductions for the Caixa Geral de Aposentações.

Answer: A Law No 46/2006 of 28 August 2006, “(...) is intended to prevent and prohibit discrimination, direct or indirect, on the grounds of disability, in all its forms, and to punish the commission of acts which result in the violation of any fundamental rights, or in the refusal or impairment of the exercise of any economic, social, cultural or other rights, by any person, on the grounds of any disability.

Answer: Everyone can complain about discrimination, even if they are not the target of discrimination.

Answer: You may lodge a complaint with one of the following:

If you wish to submit your complaint to the INR, you must complete the Disability Discrimination or Serious Health Risk Complaint Form and send it to inr@inr.mtsss.pt

Answer: In the event of a complaint, an administrative offence procedure is initiated in which the facts are ascertained. In proven cases of discrimination, the citizen may go to court and claim compensation for material and non-material damage.

Answer: “The benefit may be combined with the following benefits (according to the rules for the allocation of each of the components of the benefit)

1. Pensions from the social security system, the convergent social protection system and pensions from foreign schemes;

Note: In situations of invalidity pension, this can only be combined with the PSI if the beneficiary has a disability resulting in a degree of incapacity equal to or greater than 80% certified before the age of 55 or whose certification has been requested before the age of 55.

2. Widow's/widower's pensions;

3. Family allowances (Children's and Young People's Family Allowance, Pre-Christmas Family Allowance, Scholarship and Funeral Allowance), except Disability Allowance;

4. allowance for attendance at a special education institution;

5. Addiction supplement;

6. supplement for dependent spouse;

7. Social Income for Inclusion;

8. Benefits in lieu of employment income (from the social security system);

9. unemployment and parenthood benefits of the solidarity subsystem;

10. Compensation and pensions for accidents at work and occupational diseases;

11. third-party civil liability damages;

12. death grant from the social security system;

13. Orphan's pension.

14. Primary Informal Caregiver Support Allowance.”

(...)

For more information update of the Practical Guide – Social Benefit for Inclusion – Basic and Complementary Component [PSI]

What is the value of the basic component of the Social Benefit for Inclusion as of January 2024?

Answer: The annual reference value of the base component from January 2024 is EUR 3 795.94 (corresponding to the monthly amount of EUR 316.33).

a. Beneficiaries without any income

In the event that the holder of the benefit has no income, the monthly amount of the basic component of the benefit is €316.33.

b. Beneficiaries with a degree of incapacity equal to or greater than 80%

In these cases, the monthly value of the basic component of the benefit is €316.33, regardless of the value of your income.

c. Beneficiaries with a degree of incapacity equal to or greater than 60% and less than 80% and other income other than employment income

Receives the lower of the following two values:

d. Beneficiaries with a degree of incapacity equal to or greater than 60% and less than 80% and income from work

Receives the lower of the following two values:

The amounts of social benefits received in the context of sickness, unemployment and maternity, paternity and adoption of the social security system shall be treated as income from employment.

e. Beneficiaries under 18 years of age

In case the benefit holder is under 18 years of age, the monthly value of the basic component of the benefit is €158.17, regardless of the value of their own income.

(...)

Data based on Social Security information and available at Practical Guide - Social Benefit for Inclusion - Basic and Complementary Component

Answer: It is a benefit paid monthly to pensioners who are in a situation of dependency and need the help of another person to meet the basic needs of daily life (personal hygiene, food, travel) since they cannot do it alone.

Answer: persons covered by the following schemes:

(...)

General scheme

- Invalidity pension

- Old-age pension

- Survivor's pension

- Beneficiaries of Voluntary Social Security

(...)

Non-contributory scheme or equivalent

- Old-age social pension

- Orphan's pension

- Pension of Viuvez

- Transitional rural pension

- Beneficiaries of the Social Benefit for Inclusion

(...)

Note: The Addiction Supplement is also granted to the non-pensioner beneficiary, who has one of the following diseases: Family paramyloidosis, Machado-Joseph disease, AIDS (Human Immunodeficiency Virus (HIV), Multiple Sclerosis, Cancer Forum Disease, Amyotrophic Lateral Sclerosis (ALS), Parkinson's disease, Alzheimer's disease and rare diseases.

(...)

Answer: ‘If the pensioner receives assistance provided in a non-profit social support establishment, whether official or private, the operation of which is financed by the State or by other legal persons governed by public law or under private law and in the public interest, the amount of the care supplement is that of the first degree of the corresponding scheme.

Persons who are in a situation of dependency recognised by the Social Security Disability Verification System shall also be entitled.’

Reply: Who receives the supplement by pending can not accumulate with:

(...)

- Income from work

- Training courses

- Other benefit for the same purpose

- Support allowance for primary informal carers.

(...)

Note: Addiction supplement cannot be combined with the pursuit of any professional activity (or vocational training), regardless of whether it is remunerated or not and regardless of the level of remuneration (value of income)”

Answer: Yes. Payment of the dependency supplement may be interrupted in the following situations:

(...)

the beneficiary is not receiving the assistance indicated in the request for the top-up.

the beneficiary prevents or postpones the assessment of dependency by the Social Security Disability Verification System.

Answer: The dependency supplement ends in the following situations:

(...)

This supplement ends when:

- The beneficiary starts working.

- The beneficiary ceases to receive the pension entitling him to the supplement.

- The beneficiary is no longer dependent.

(...)

When the situation of pensioner or dependency ceases to exist, the beneficiary loses the right to the supplement from the end of the month in which this situation occurs.

If entitlement to the benefit ceases as a result of a review of the situation of dependency, the beneficiary loses the right to the supplement from the month following that in which the social security institution communicated the fact.

NOTE:

The information contained in this document is based on the update of the Practical Guide – Addiction Supplement

I have a disability pension and a disability degree of 80%, certified with the Medical Certificate of Multipurpose Disability issued after the age of 55, am I entitled to the Social Benefit for Inclusion (PSI)?

Answer: No, no, no, no.

I have a disability pension and a degree of disability of 79%, certified with the Medical Certificate of Multipurpose Disability issued before the age of 55, am I entitled to the Social Benefit for Inclusion (PSI)?

Answer: No, no, no, no.

In what situation can I cumulate the disability pension with the Social Benefit for Inclusion (PSI)?

Answer: A person retired on the grounds of invalidity may apply for the Social Inclusion Benefit (PSI) from Social Security if he or she has a degree of incapacity equal to or greater than 80%, certified with the Multipurpose Medical Incapacity Certificate issued or applied for before the age of 55.

How long can you ask for it?

Answer: Within 6 months of the first day on which you no longer worked. If you do not apply within this period, but submit the application during the statutory period for granting the allowance, the time that has passed beyond six months will be deducted from the benefit.

NOTE: Information according to Practical Guide to Social Benefit for Inclusion – Basic and Complementary Component Social Security.

• Direct Social Security (you can fill in the form and submit the scanned documentation) https://www.seg-social.pt/consultas/ssdirecta/.
• Social Security Attendance Services.
• by post to the District Centre of the beneficiary’s area of residence.