Welfare Services for Persons with Disabilities Law, 5782-2022
חוק שירותי רווחה לאנשים עם מוגבלות, תשפ"ב-2022
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Chapter I: Definitions
Definitions§
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:
"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:
"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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Contact Us →Chapter II: Purpose and Principles
Purpose of the Law§
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:
Principles in the Provision of Welfare Services to Eligible Persons§
Provision of Welfare Services Subject to the Financing Framework§
Welfare services shall be provided subject to the financing framework as referred to in Chapter IX.
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Contact Us →Chapter III: The Right to Welfare Services
The Right to Receive Welfare Services and their Domains§
Support Levels§
Provision of Welfare Services§
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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Contact Us →Chapter IV: The Diagnosis Procedure
Diagnosing Body§
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:
Methods of Diagnosis and Assessment of Support Level§
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§
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Contact Us →Chapter V: The Recognition Procedure
Recognising Body§
Conditions for Recognition§
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§
Decision of the Recognising Body§
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§
Referral of Matter to the Diagnosing Body and Direction to Complete Information§
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 –
Transmission of the Recognising Body's Decision§
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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Contact Us →Chapter VI: Tailored Welfare Services
Entitlement to Tailored Welfare Services§
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§
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Contact Us →Chapter VII: Appeal
Appeal by an Eligible Person or Recognition Applicant§
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:
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חוק שירותי רווחה לאנשים עם מוגבלות, תשפ"ב-2022
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