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CONCLUSION n° 281/20
Subject: Guidelines for the implementation of aid for persons with a disability

1.1. The Institutions have the possibility of granting aid under Article 76 of the Staff Regulations (SR) . Provided that appropriations are available, aid can be given to support staff members with a disability of themselves and/or their dependent family members. The amount of these appropriations is determined annually.

1.2. For the purpose of these guidelines, and within the meaning of Article 1d(4) of the SR, persons with a disability include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

2. The appropriations intended to support persons with a disability are to be used in accordance with the conditions set out in these guidelines, after national aid and aid under the SR and Conditions of Employment of other servants of the European Union (CEOS) have been claimed. They are intended to finance non-medical expenses arising from a disability as defined in point 1.2.
The Institutions shall guide and assist applicants and recipients who so wish in their dealings with the Institutions’ administrations and, to the extent possible, with national administrations.

3. The decision to grant aid shall be taken by the authority in charge of the budget for aid to support persons with a disability, hereinafter referred to as ‘the Authority’, subject to the provisions of point 5.

4.1. Provided that their disability has been recognised in accordance with point 5.1 below, the following shall be eligible for aid ::

(a) officials and other agents, including persons in receipt of an invalidity allowance, as defined by the SR and the CEOS, with the exception of those on leave on personal grounds ;
(b) spouses of the persons specified in point (a) , provided that they are affiliated to the Joint Sickness Insurance Scheme (JSIS) ;
(c) children in respect of whom the dependent child allowance is paid under the conditions set out in Article 2(2) , (3) , and (5) of Annex VII to the SR ;
(d) orphans who have lost both parents and who are in receipt of an orphan’s pension within the meaning of Article 21 of Annex VIII to the SR.

4.2. To ensure continuity of benefits, a pensioner or person in receipt of an unemployment allowance under the SR and CEOS who received aid in their own right or in respect of their spouse (in line with point 4.1(a) and (b) ) for a disability recognised prior to their retirement or the end of their contract, shall continue to be entitled to aid under the conditions set out in these guidelines.
The aid shall be granted to a pensioner’s spouse provided that they are affiliated to the JSIS.

5.1. To be eligible for aid, the person concerned must be at least 20% disabled according to the evaluation of the Institution’s medical officer made in line with the definition of point 1.2.
5.2. The application for recognition or the annual renewal of recognition of a disability, with a view to obtaining aid under these guidelines, must be submitted to the Authority. The application shall include a detailed assessment by the person concerned or their representative of the measures that are appropriate to enable them to attain and maintain maximum independence, physical, mental, social and vocational ability and facilitate social integration. It shall be submitted together with a medical report and/or the medical certificate for the assessment of a disability by the person’s doctor, which, insofar as this is possible, shall propose a degree of impairment which, in interaction with various barriers, hinder the full and effective participation in society on an equal basis with others. The annual renewal application may take the form of a simplified procedure.

The medical officer shall make their assessment based on the medical report(s) and/or certificate(s) received.
5.3. The medical officer shall provide to the Authority ::

• an opinion on the minimum threshold specified in point 5.1 ;
• an opinion on whether the measures asked for are pertinent ;
• the period of validity of their opinion.
• The medical officer may ask to see the applicant (staff member) where necessary.

5.4. For the purpose of adopting any decision under these guidelines, the Authority may seek the opinion of an ad hoc committee consisting of the Institution’s medical officer, a social worker and the file manager, hereinafter referred to as ‘the ad-hoc Committee’. The Authority may also consult other experts if considered appropriate.

5.5. The Authority shall take its motivated decision on the basis of the medical officer’s opinion and, where applicable, the opinion of the ad-hoc Committee and/or experts. The decision shall specify the expenses to be covered by the aid granted by the Institution. The decision shall be notified to the person concerned or their representative.

6. The following non-medical expenses may be covered by the aid if considered reasonable and after deduction, where applicable, of aid under the SR, the CEOS and national aid ::

(a) costs of residence (including board and lodging, and service and other charges) in an institution or home for the disabled recognised by the appropriate national authorities, after deduction, where applicable, of the expenses reimbursed by the JSIS ;
(b) costs of education at schools other than the European Schools which shall be reimbursed if the Authority has ascertained that the European Schools' inclusiveness policy cannot cater for the needs of the child concerned ;
(c) costs of specific training considered appropriate to enable the child concerned to attain and maintain maximum independence, physical, mental, social and vocation ability and facilitate social integration ;
(d) costs of non-medical care provided in line with the opinion of the applicant’s doctor for family members for which child allowance is received and for orphans, not reimbursable by JSIS ;
(e) other costs of non-medical care provided in line with the opinion of the applicant’s doctor under justified social circumstances, not reimbursable by JSIS ;
(f) transport expenses of the person with a disability linked directly to the expenses referred to in points (a) to (c) above, which shall be reimbursed, up to a maximum of €2,000 a year.
Costs of transport by private car shall be reimbursed at the rate indicated in the Institution’s applicable rules on missions (kilometres reimbursement rate for the use of a personal car) .
In exceptional circumstances, where the means of transport are limited due to the disability and where duly justified, the Authority may approve reimbursement of costs higher than the maximum indicated.
(g) costs for equipment, after deduction of any reimbursements made by the JSIS;
Reimbursement shall be granted ::
o on presentation of a medical motivation ;
o on presentation of at least two estimates.
Contribution payable by the official or other servant shall amount to 20% of equipment costs. In exceptional circumstances, where duly justified by the serious financial hardship, the Authority may approve reimbursement of costs without any personal contribution.
No personal contribution shall be required in the case of children as defined in points 4.1(c) and (d) .
(h) other duly justified expenses relating to measures which are appropriate to enable the person concerned to attain and maintain maximum independence, physical, mental, social and vocational ability and facilitate social integration.

7. Aid shall be granted if the conditions set out in these guidelines are fulfilled and on presentation of bills and/or justifying documents specifying the nature of the expenses incurred and the corresponding amounts. Bills and/or justifying documents may be submitted in electronic format. Recipients shall be responsible for keeping the originals for a period of 18 months from the date of reimbursement for possible verification. Where it is impossible to supply bills and/or justifying documents serving to distinguish between medical and non-medical expenses, the Settlements Office shall be consulted by the Authority in order to agree upon a division of expenses.

8. Reasonable expenses are considered to be those in line with the market price for the requested product/service and which are not disproportionate to the appropriations foreseen for aid. Expenses considered excessive or inappropriate to enable the person concerned to attain and maintain maximum independence, physical, mental, social and vocational ability and facilitate social integration, shall be reduced to an amount considered reasonable or, where appropriate, excluded from reimbursement by decision of the Authority. The Authority may consult, the ad-hoc Committee and also consult other experts, if considered appropriate.

9. The following shall be deducted from the amount of expenses incurred:

• reimbursements of expenses of like nature obtained under the SR and CEOS or any national aid.
• The recipient shall be obliged to declare reimbursements and aid obtained from other sources and supply the appropriate supporting documents;
• the education allowances granted under the SR and the CEOS and any similar national allowances obtained on account of the disability ;
• the education allowances granted for transport expenses shall be deducted from the relevant transport costs; the education allowances granted for schooling expenses shall be deducted from the relevant schooling costs. The education allowances granted for transport or schooling expenses shall not be deducted from other categories of eligible expenses.
• The recipient’s entitlement to the dependent child allowance (basic rate and increment, Article. 67 of the SR– including national allowances) shall not be affected.

10. Any sum paid in error shall be recovered after informing the recipient that the payment was incorrect. The conditions of Article 85 of the SR apply.

11. The Institutions shall hold regular consultations with a view to harmonising the application of these guidelines.

12. These guidelines shall enter into force on 1 May 2020.

They shall apply as follows::

a) for schooling decisions (decisions covering expenses linked to a school year) the expenses linked to the school year 01/09/2020 until 31/08/2021 and thereafter will be covered ;
b) for non-schooling decisions (decisions covering expenses linked to a calendar year) the expenses linked to the calendar year 2020 and thereafter will be covered.

13. These Guidelines replace the Provisional Guidelines for implementation of the budget heading ‘Supplementary aid for the disabled’ concerning welfare appropriations for disabled persons, which were approved by the College of Heads of Administration during their 236th meeting on 19 February 2004.



For the Secretariat
S. Durand
Secretary
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For the College of Heads of Administration
A. Calot Escobar
President


This Conclusion was approved by the College of Heads of Administration by means of a written procedure which ended on 29.04.2020.