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Welfare Services for Persons with Disabilities Law, 5782-2022

חוק שירותי רווחה לאנשים עם מוגבלות, תשפ"ב-2022

Published: 2022-07-03Last amended 2024-07-18✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Chapter I: Definitions

Definitions§

1.

In this Law –

"area" – as defined in section 378 of the National Insurance Law;

"diagnosing body" – as referred to in section 8, and in respect of a person with an intellectual-developmental disability – also a diagnosis committee;

"treating body", in respect of a person – one of the following:

(1)the social worker treating the person in the department of social services;
(2)the social worker of a framework in which services detailed in item 1 of the Schedule or daily activity services detailed in item 2 of the Schedule are provided to persons with disabilities, in which that person is being treated;
(3)another body designated by the Minister by Order, pursuant to section 39(b);

"recognising body" – as referred to in section 11, and in respect of a person with an intellectual-developmental disability – also a diagnosis committee;

"Director General" – the Director General of the Ministry of Welfare;

"diagnosis committee" – as defined in the Welfare Law;

"eligible person" – a resident of Israel who, by reason of his disability, has been recognised in a recognition procedure under Chapter V and is entitled to receive welfare services under this Law;

"National Insurance Law" – the National Insurance Law [Consolidated Version], 5755-1995;

"Rehabilitative Day Care Centres Law" – the Rehabilitative Day Care Centres Law, 5760-2000;

"Welfare Law" – the Welfare Law (Treatment of Persons with Intellectual-Developmental Disabilities), 5729-1969;

"Equal Rights for Persons with Disabilities Law" – the Equal Rights for Persons with Disabilities Law, 5758-1998;

"Welfare Services Law" – the Welfare Services Law, 5718-1958;

"independent and autonomous life" – a life that enables a person to choose his lifestyle and to make decisions concerning it, including to choose his place of residence in accordance with the choices available to every person, to participate in society and the community, and to conduct his life with autonomy and independence;

"recognition applicant" – a person applying to be recognised as an eligible person;

"disability" – one or more of the following disabilities, or another disability designated by the Minister by Order pursuant to section 39(a)(1), that is ongoing or is expected to be ongoing, by reason of which a person's functioning is significantly limited in one or more principal life domains:

(1)autism; for this purpose, "autism" – as defined in the DSM Manual or in another diagnostic manual designated by the Director General of the Ministry of Health, if designated, which are updated from time to time, or in other provisions designated by the Minister in Regulations pursuant to section 39(a)(1); for this purpose, "DSM Manual" – the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association (Diagnostic and Statistical Manual of Mental Disorder), in its most current edition;
(2)intellectual-developmental disability; for this purpose, "intellectual-developmental disability" – an intellectual-developmental disability under the Welfare Law;
(3)cognitive-neuropsychological disability, as designated by the Minister pursuant to section 39(a)(1);
(4)motor disability; for this purpose, "motor disability" –
(a)in respect of a person who has not yet reached the age of 18 – an impairment by reason of which the ability to move and to be mobile is limited and which confers entitlement to a disabled child benefit under section 222 of the National Insurance Law, or an impairment by reason of which the ability to move and to be mobile is limited that the Minister designated in Regulations pursuant to section 39(a)(1);
(b)in respect of a person who has reached the age of 18 – a motor or neurological impairment by reason of which the ability to move and to be mobile is limited, that the Minister designated in Regulations pursuant to section 39(a)(1), or in respect of which one of the following applies:
(1)it is a neurological syndrome or an impairment of the locomotor system in respect of which a permanent medical disability of at least 40 per cent has been determined under Section D of Chapter IX of the National Insurance Law;
(2)it is an impairment by reason of which that person is entitled to a special services benefit under section 206 of the National Insurance Law or to a benefit under an agreement concerning a mobility benefit concluded pursuant to section 9 of that Law;
(5)visual disability; for this purpose, "visual disability" – a decrease in visual acuity or a narrowing of the visual field, as designated by the Minister pursuant to section 39(a)(1);
(6)hearing disability; for this purpose, "hearing disability" – a decrease in hearing, as designated by the Minister pursuant to section 39(a)(1);
(7)developmental delay – a disability by reason of which developmental milestones, all or some of them, as designated by the Minister pursuant to section 39(a)(1), have not been achieved, and which was diagnosed before the age of 6;

"department of social services" – as defined in the Welfare Services Law;

"Ministry of Welfare" – the Ministry of Welfare and Social Security;

"representative" – a guardian or a person who holds a power of attorney under law;

"support level" – as referred to in section 6;

"welfare services" – welfare services under this Law;

"resident of Israel" – a person who is a resident of Israel for the purposes of the National Insurance Law;

"the Minister" – the Minister of Welfare and Social Security.

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Chapter II: Purpose and Principles

Purpose of the Law§

2.

The purpose of this Law is to regulate and entrench the right of every eligible person to receive welfare services, while supporting all of the following:

(1)his right to an independent and autonomous life and his liberty;
(2)his equal and active participation in society and the community;
(3)the protection of his rights and personal safety.

Principles in the Provision of Welfare Services to Eligible Persons§

3.
(a)Welfare services shall be provided to an eligible person in various life domains, including to his family in connection with his care, in accordance with the principles of the Equal Rights for Persons with Disabilities Law and the principles of the Convention on the Rights of Persons with Disabilities, including in accordance with the following principles, all subject to the provisions of section 4:
(1)welfare services shall be provided with strict observance of the dignity and liberty of the eligible person and the protection of his rights;
(2)welfare services shall be provided in order to promote the possibility of an independent and autonomous life for all eligible persons at all support levels and their integration into the community, inter alia through the gradual reduction of the residential placement of persons with disabilities in multi-resident frameworks and of the number of residents living in them, and through the development of community-based services;
(3)welfare services shall be provided on the basis of the wishes, choices, needs, capabilities, age and skills of the eligible person, and with his participation in the process of selecting the services appropriate for him according to the domains listed in the Schedule, and in accordance with the support level determined for him, and shall also be provided for the protection of his rights and personal safety;
(4)welfare services shall be provided at a reasonable quality, within a reasonable time and at a reasonable distance from the place of residence of the eligible person.
(b)In this section, "Convention on the Rights of Persons with Disabilities" – the Convention on the Rights of Persons with Disabilities signed on the 22nd day of Kislev 5767 (13 December 2006).

Provision of Welfare Services Subject to the Financing Framework§

4.

Welfare services shall be provided subject to the financing framework as referred to in Chapter IX.

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Chapter III: The Right to Welfare Services

The Right to Receive Welfare Services and their Domains§

5.
(a)An eligible person has the right to receive tailored welfare services under this Law, in accordance with the purposes and principles set out in sections 2 and 3.
(b)Welfare services as referred to in subsection (a) shall be provided to an eligible person in the domains listed in the Schedule, including services designated for minors; the Minister, with the consent of the Minister of Finance and with the approval of the Labour and Welfare Committee of the Knesset, may, by Order, add to the domains listed in the Schedule or reduce them.

Support Levels§

6.
(a)The Minister shall determine a gradation of support levels that eligible persons require, and the scope of welfare services under each of the domains listed in the Schedule according to the gradation.
(b)In determining the gradation of support levels, the range of capabilities of eligible persons and the scope of assistance required by them shall be taken into account.
(c)In determining the gradation of support levels, the Minister shall also address multiple disabilities or a combination of a disability with another impairment or illness.

Provision of Welfare Services§

7.

Welfare services shall be provided to an eligible person by a local authority or by the Ministry of Welfare, or by a person acting on their behalf.

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Chapter IV: The Diagnosis Procedure

Diagnosing Body§

8.

The Minister shall prescribe in Regulations a professional or a team of professionals from among those listed below who shall be authorised to diagnose the existence of a disability in a person and to assess the support level he requires, according to the type of disability, and shall also prescribe conditions as to their qualifications and experience:

(1)a physician;
(2)a psychologist;
(3)a social worker;
(4)a person in education;
(5)a practitioner of health professions as defined in the Regulation of Practice in Health Professions Law, 5768-2008.

Methods of Diagnosis and Assessment of Support Level§

9.

The Minister shall prescribe in Regulations conditions in respect of the conduct of the diagnosis, and rules in respect of the manner of assessing the support level of a recognition applicant, or of an eligible person who is to be diagnosed or whose support level is to be assessed under this Law.

Transmission of Diagnosis Results and Support Level Assessment§

10.
(a)The diagnosing body shall transmit to the recognition applicant, the eligible person, their representative or the treating body, subject to the consent of the recognition applicant or the eligible person or their representative, the results of the diagnosis and the results of the support level assessment, if conducted.
(b)A diagnosis or support assessment conducted by a diagnosing body in accordance with the provisions under section 9 shall be considered a diagnosis or support level assessment for the purposes of this Law.

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Chapter V: The Recognition Procedure

Recognising Body§

11.
(a)A recognising body shall be a professional or a team of professionals who meet the conditions prescribed by the Minister in Regulations, including as to the required professional qualifications and experience in the field of disabilities, provided that the Minister has authorised that person as a recognising body for this purpose.
(b)The Minister may prescribe that a body vested with authority under law shall be a recognising body, even if the conditions prescribed pursuant to subsection (a) are not met by it.

Conditions for Recognition§

12.

The Minister shall prescribe in Regulations the conditions for recognising a person as an eligible person and for determining the support level he requires.

The Recognition Procedure§

13.
(a)One of the following shall transmit to the recognising body the results of the diagnosis and support level assessment referred to in section 10:
(1)the eligible person or the recognition applicant, or their representative;
(2)the diagnosing body, provided that the consent of the eligible person or the recognition applicant, or their representative, has been given;
(3)the treating body, if any, provided that the consent of the eligible person or the recognition applicant, or their representative, has been given.
(b)An eligible person or a recognition applicant may present his arguments before the recognising body, by himself, through his representative or through the treating body, and may also submit to the recognising body any information, before the recognising body reaches a decision in his matter.

Decision of the Recognising Body§

14.

The recognising body may recognise a person whose matter has been brought before it as an eligible person, and may also determine, in cooperation with that person if the person wishes to participate, the support level he requires, on the basis of the results of the diagnosis and the support level assessment referred to in section 10, and any additional argument and material submitted to it by the eligible person or the recognition applicant, their representative or the treating body.

Re-examination by the Recognising Body§

15.
(a)The eligible person, the recognition applicant or their representative, or the treating body with the consent of that person, may submit a reasoned application to the recognising body before whom the matter was brought for a re-examination of its decisions in respect of that person.
(b)The recognising body may conduct a re-examination of its decision in accordance with an application as referred to in subsection (a) or on its own initiative.
(c)The recognising body shall reach its decision in the re-examination after having given the eligible person or the recognition applicant whose matter has been brought before it, or their representative, or the treating body with the consent of that person, an adequate opportunity to present their arguments before it and to submit to it any material on their behalf.
(d)In its decision in the re-examination, the recognising body may confirm its decision, vary it or cancel it.

Referral of Matter to the Diagnosing Body and Direction to Complete Information§

16.

If the recognising body considers that additional information is required in order to reach its decision as referred to in sections 14 and 15, it may –

(1)refer the matter back to the diagnosing body or to a different diagnosing body, so that it conducts additional examinations and re-determines the diagnosis or the support level assessment in accordance with their results;
(2)direct the eligible person or the recognition applicant, their representative or the treating body, to complete information and documents.

Transmission of the Recognising Body's Decision§

17.

The decision of the recognising body under sections 14, 15 and 16 shall be reasoned, and the recognising body shall transmit it to the eligible person or the recognition applicant, their representative or the treating body, shortly after the date the decision is reached.

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Chapter VI: Tailored Welfare Services

Entitlement to Tailored Welfare Services§

18.

A person who has been recognised as an eligible person shall be entitled to welfare services tailored to him under section 19, within the scope of the support level determined for him and in accordance with the purposes and principles referred to in sections 2 and 3, and subject to the financing framework as referred to in Chapter IX (in this Chapter – tailored welfare services).

Personal Response Plan or Other Arrangement§

19.
(a)Tailored welfare services shall be provided to an eligible person pursuant to a personal response plan or pursuant to another arrangement designated by the Minister that the eligible person may choose, all in accordance with provisions designated by the Minister.
(b)Tailored welfare services to be included in the personal response plan or in the other arrangement shall be approved by the Ministry of Welfare or by a department of social services, as designated by the Minister.
(c)In this section, "personal response plan" – a plan formulated by an eligible person, and if he has a representative – also together with his representative, and at his election – also together with the treating body or a representative of the Ministry of Welfare, in which the tailored welfare services that the eligible person is entitled to receive under section 18 shall be determined.

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Chapter VII: Appeal

Appeal by an Eligible Person or Recognition Applicant§

20.

An eligible person or recognition applicant who considers himself aggrieved by a decision of a recognising body under the provisions of Chapter V or by a decision of the Ministry of Welfare or the department of social services in the matter of the approval of tailored services under section 19(b), or their representative, may appeal against it before an appeals committee under the provisions of the Welfare Services Law, and the provisions under the Welfare Services Law shall apply in this regard, with the necessary modifications and with the following modifications:

(1)in place of the social worker referred to in section 2(e)(3) of the Welfare Services Law, the Minister may appoint a professional who has at least seven years of experience in the field of disabilities, who is not an employee of the Ministry of Welfare and is not an employee of a local authority;
(2)notwithstanding the provisions of section 2(g) and (h) of the Welfare Services Law, in an appeal under this section, the appeals committee is empowered to confirm the decision being appealed, to vary it, to cancel it and to reach a different decision in its place, or to refer the matter back with directions to the body that decided;
(3)in addition to the provisions of section 2 of the Welfare Services Law, the powers vested in a District Court under section 28(d) and (e) of the Administrative Tribunals Law shall be vested in a court for administrative matters, in respect of an appeal and in respect of the appeals committee as referred to in this section; however, notwithstanding the provisions of section 2(e1) of the Welfare Services Law and section 26(c) of the Administrative Tribunals Law, the appeals committee may deliberate on and decide the appeal on the basis of arguments and evidence submitted in writing only, even if the appellant or his representative has requested to argue orally, if it has found that this would not prejudice the doing of justice in the matter of the appellant.

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LawWelfare & Social Security

חוק שירותי רווחה לאנשים עם מוגבלות, תשפ"ב-2022

welfare services disabilities law

persons with disabilities law

sherut revaha law

revaha law 2022

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disability services law Israel