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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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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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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Chapter VIII: Supervision

Authorisation of inspectors and their powers§

21.

The Minister may authorise, from among the employees of his Ministry, inspectors who shall be vested with the powers under this Chapter, all or some of them, for the purpose of supervising the implementation of the provisions under this Law by each of the following:

(1)a diagnosing body providing diagnostic services to the Ministry of Welfare;
(2)a recognising body;
(3)a treating body;
(4)providers of welfare services in the domains listed in the Schedule.

Conditions for the authorisation of an inspector§

22.

A person may be authorised as an inspector as referred to in section 21 only if all of the following conditions are fulfilled:

(1)he has not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders him unfit, in the Minister's opinion, to serve as an inspector;
(2)he has received appropriate training in the domain of the powers that will be vested in him under this Chapter, as directed by the Minister, for the supervisory function to be assigned to him;
(3)he meets additional eligibility conditions, as directed by the Minister.

Notice in Reshumot (Official Gazette)§

23.

Notice of the appointment of an inspector under this Chapter shall be published in Reshumot (Official Gazette).

Supervisory powers§

24.

For the purpose of performing his functions under this Chapter, an inspector may –

(1)require any person to provide him with that person's name and address and to present before him an identity card or other official document identifying that person;
(2)require any person concerned to provide him with information and documents that may serve to ensure or facilitate the implementation of the provisions of this Law; in this paragraph, "document" – includes a printout as defined in the Computers Law, 5755-1995;
(3)require in writing any person providing welfare services by virtue of this Law to remedy deficiencies found, in the manner and within the time directed in the requirement, and to furnish confirmations thereof as required;
(4)enter any premises in respect of which there are reasonable grounds to believe that welfare services are being provided therein, including a stationary vehicle, provided that he shall not enter premises used as a place of residence, other than a hostel under the Supervision of Hostels Law, 5725-1965, except pursuant to a court order.

Identification of an inspector§

25.

An inspector shall not exercise the powers vested in him under this Chapter except in the course of performing his functions and when both of the following conditions are met:

(1)he is visibly wearing a tag identifying him and his function;
(2)he holds a certificate signed by the Minister, attesting to his function and his powers, which he shall present upon request.

Supervisory powers of the Ministry of Welfare§

26.

Nothing in the provisions of this Chapter shall derogate from the supervisory powers vested in the Ministry of Welfare under any law, including under the Supervision of Hostels Law, 5725-1965, and the Rehabilitative Day Care Centres Law.

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Chapter IX: Financing of Welfare Services

Definitions – Chapter IX§

27.

In this Chapter –

"Budget Foundations Law" – the Budget Foundations Law, 5745-1985;

"annual budget law" – as defined in the Budget Foundations Law;

"first period" – the period from the commencement of the fiscal year 2024 until the end of the fiscal year in which the maximum budgetary supplement fixed in section 28(1)(a)(1) was determined in the annual budget law;

"second period" – the period commencing at the end of the first period and thereafter;

"base budget" – the budget of the Ministry of Welfare for the provision of welfare services as determined in the annual budget law for fiscal year 2022, 5782-2021;

"determining budget" – the base budget together with the maximum budgetary supplement fixed in section 28(1)(a)(1);

"budget for the provision of welfare services" – the amounts set out in an annual budget law in the Ministry of Welfare's budget item designated for the provision of welfare services to eligible persons whose entitlement was anchored pursuant to the provisions of this Law and which is not anchored in other legislation and arrangements, including such services for residents of Israel in the area, pursuant to an arrangement determined under the law of the area;

"budget for the provision of welfare services in a preceding year" – the budget for the provision of welfare services in the fiscal year preceding the fiscal year for which the budget is being determined;

"budgetary changes" – changes made pursuant to section 11 of the Budget Foundations Law, to the budget for the provision of welfare services in a preceding year.

Financing framework for welfare services§

28.

The aggregate of the amounts to be allocated in an annual budget law for the financing of the costs involved in the provision of welfare services under this Law and pursuant to an arrangement determined under the law of the area for the provision of welfare services for residents of Israel shall be as set out below and shall be determined in the Ministry of Welfare's budget item:

(1)a budget for the provision of welfare services to be determined in accordance with the following provisions:
(a)in the first period – the annual budget shall be in the amount of the base budget plus both of the following:
(1)a budgetary supplement of NIS 430 million per year up to a maximum budgetary supplement of NIS 2.15 billion;
(2)if agreed by the Minister and the Minister of Finance – budgetary changes;
(b)in the second period – the annual budget shall be in the amount of the budget for the provision of welfare services in the preceding year, plus both of the following:
(1)a budgetary supplement equal to the product of the determining budget multiplied by the demographic growth coefficient; for this purpose, "demographic growth coefficient" – 3%, however the Minister, with the consent of the Minister of Finance, may, by Order, update the demographic growth coefficient;
(2)if agreed by the Minister and the Minister of Finance – budgetary changes;
(2)the amounts set out in an annual budget law that originate from the participation of a local authority, including a local authority in the area, in the financing of the welfare services to be provided to eligible persons, in accordance with the rate of participation prevailing on the date of publication of this Law and in accordance with the provisions under the Welfare Services Law, including with regard to the bearing of costs and the determination of a person's place of residence;
(3)additional amounts, if determined in an annual budget law.

Update of the budget for the provision of welfare services§

29.

The Minister, with the consent of the Minister of Finance, shall, commencing from the second period and thereafter, update the budget for the provision of welfare services in an annual budget law, if changes have occurred that are involved in the cost of the services, and in accordance with the cost components of such services.

Budget surplus§

30.
(a)In this section, "budgetary supplement" – each of the following:
(1)a budgetary supplement of NIS 430 million per year pursuant to the provisions of section 28(1)(a)(1);
(2)the product of the determining budget multiplied by the demographic growth coefficient pursuant to the provisions of section 28(1)(b)(1).
(b)Notwithstanding the provisions of this Chapter, if at the end of a particular fiscal year (in this section – the base year) a budgetary supplement remains that was not utilised (in this section – budget surplus), the following provisions shall apply:
(1)the budget surplus shall be deducted from the budgetary supplements fixed for the fiscal year following the base year (in this section – the following year) and until the fiscal year in which the surplus is added as referred to in paragraph (2);
(2)commencing from the following year, if in a particular fiscal year the budget for the provision of welfare services is fully utilised, the budget surplus of the base year shall be added to the annual budget of the fiscal year thereafter.

Designation of the budgetary supplement§

31.
(a)The majority of the budgetary supplement referred to in section 28(1)(a)(1) shall be designated for the promotion of the integration of persons with disabilities in the community, including by means of services supporting an independent and autonomous life in the community.
(b)A portion of the budgetary supplement referred to in section 28(1)(a)(1) shall also be designated for increasing the workforce in local authorities for the purpose of implementing the provisions of this Law.

Savings provisions – Budget Foundations Law§

32.

Nothing in the provisions of this Chapter shall override the Budget Foundations Law.

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Chapter X: Miscellaneous Provisions

Confidentiality§

33.

A person who has received information pursuant to the provisions of this Law in the course of performing his function or in the course of his work shall keep it confidential, shall not disclose it to another and shall not make any use of it, except pursuant to the provisions of this Law or another enactment, or pursuant to a court order or a decision of a diagnosis committee.

Consent, hearing of position and participation in the process§

34.

Where the consent of an eligible person or a recognition applicant is required pursuant to the provisions of this Law, or the hearing of his position or his participation in the process is required, and he has a representative, but he is capable of consenting, expressing his position or participating in the process himself, the said requirement shall be deemed to also oblige the consent, hearing of the position or participation in the process of the eligible person or the recognition applicant himself.

Information on rights§

35.

The Director General of the Ministry of Welfare, or a person on his behalf, shall publish available and accessible information to the public with respect to everything pertaining to the rights of persons with disabilities to receive welfare services under this Law and with respect to the manner of submitting complaints to the Ministry of Welfare regarding the implementation of this Law.

Experimental welfare services§

36.

The Minister, or a person authorised by him for that purpose, may approve the operation of welfare services on an experimental basis for the purpose of examining their benefit, provided that their total operating cost does not exceed 5% of the budget for the provision of welfare services as defined in section 27.

Savings provisions and preservation of rights§

37.
(a)The provisions of this Law are additional to the provisions of any law and nothing therein shall derogate from the rights vested in a person with a disability under any other law, unless expressly provided otherwise in the Law.
(b)Without derogating from the provisions of subsection (a), the recognition of a person as an eligible person and his entitlement to welfare services under this Law shall not be denied by reason of his being a person entitled to rehabilitation under the Community Mental Health Rehabilitation Law, 5760-2000.

Rehabilitative day care centre§

38.

A welfare service of a rehabilitative day care centre to which a toddler with a disability is entitled to receive under the Rehabilitative Day Care Centres Law shall be provided under the Rehabilitative Day Care Centres Law only, and not under this Law; for this purpose, "toddler with a disability" – as defined in the Rehabilitative Day Care Centres Law.

Implementation and regulations§

39.
(a)The Minister is charged with the implementation of this Law and may make Regulations on any matter relating to its implementation and also on the following matters:
(1)the definition of types of disabilities as referred to in the definition of "disability" in section 1, as well as restrictions with respect to the recognition of a disability including according to various characteristics;
(2)the gradation of levels of support for eligible persons;
(3)the scope of welfare services in each of the domains in the Schedule for each level of support as referred to in section 6; Regulations under this paragraph shall be made with the consent of the Minister of Finance;
(4)the determination of the diagnosing body for each type of disability, its qualifications and experience, conditions with respect to the conduct of the assessment and rules with respect to the manner of evaluating the level of support, as referred to in Chapter IV;
(5)the determination of the recognising body for each type of disability, its qualifications and experience, the body's decision-making process, and the re-examination of such decisions, as referred to in Chapter V, as well as the possibility of providing personal assistance to an eligible person in the process of determining the level of support to which he is entitled;
(6)the determination of welfare services tailored to an eligible person, and the manner of preparation of a personal response plan or another arrangement for the selection of welfare services, as referred to in Chapter VI;
(7)the manner of submitting an application for recognition as an eligible person and the processing thereof.
(b)The Minister may determine, by Order, a treating body pursuant to paragraph (3) of the definition of "treating body".
(c)The Minister, with the consent of the Minister of Finance, may determine, by Order, that welfare services in the domains listed in the Schedule, all or some of them, shall be provided to eligible persons, all or some of them, by means of personal budgeting; for this purpose, "personal budgeting" – a method for the provision of welfare services conducted within a personal budgetary framework.
(d)Regulations and Orders under this Law shall be made with the approval of the Labour and Welfare Committee of the Knesset and following consultation with the Commission for Equal Rights of Persons with Disabilities as defined in the Equal Rights for Persons with Disabilities Law, and with organisations engaged in the promotion of the rights of persons with disabilities.

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Chapter XI: Indirect Amendments

Amendment of the Welfare Law (Treatment of Persons with Intellectual-Developmental Disabilities) – No. 8§

40.

[An amendment was made to the Welfare Law (Treatment of Persons with Intellectual-Developmental Disabilities), 5729-1969]

Amendment of Administrative Courts Law – No. 129§

41.

In the Administrative Courts Law, 5760-2000, in the Second Schedule, in item 22, the following shall be added at the end: "and also a decision of the appeals committee under that Law, in an appeal under section 20 of the Welfare Services for Persons with Disabilities Law, 5782-2022".

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Chapter XII: Commencement, Application, Initial Regulations and Transitional Provisions

Commencement and Initial Regulations§

42.

This Law shall commence 18 months from the date of its publication (hereinafter – the commencement date); initial Regulations on the matters listed in section 39(a) shall be made by the commencement date.

Gradual Application§

43.
(a)During the five years from the commencement date, welfare services shall be provided gradually pursuant to Orders made by the Minister with the consent of the Minister of Finance.
(b)The first Order under subsection (a) shall be made by the commencement date in accordance with the principles of section 3, and in accordance with the characteristic of the age of the person entitled to receive welfare services, and without dependence on the type of disability.

Transitional Provisions§

44.
(a)A person in respect of whom the Ministry of Welfare or a person on its behalf decided, in a recognition procedure, that he is a person with a disability before the commencement date, shall be deemed an eligible person for the purposes of the provisions of this Law from the commencement date onwards.
(b)A person who applied for a diagnosis before the commencement date – the carrying out of the diagnosis shall continue from the place and stage at which it commenced, and such a diagnosis shall be deemed a diagnosis carried out in accordance with the provisions of Chapter IV; if it is determined in such a diagnosis that the person is a person with a disability, the provisions of subsection (a) shall apply to him.
(c)For as long as the level of support that a person to whom the provisions of subsection (a) or (b) apply requires under the provisions of section 6 has not been determined, his right to welfare services that were provided to him or that could have been provided to him on the eve of the commencement date shall not be prejudiced, and this shall not prevent additional services from the welfare services provided to eligible persons at that time in his place of residence from being provided to him.
(d)By the commencement date, the Minister shall formulate a plan for the transition of persons with disabilities to the community and for the gradual reduction of the residence of persons with disabilities in multi-resident frameworks and of the number of residents living in them.

Reporting to the Knesset§

45.
(a)The Minister shall report to the Labour and Welfare Committee of the Knesset, on 1 March of each year in respect of the preceding year, on all of the following:
(1)from 2024 onwards – the implementation of the plan for the transition of persons with disabilities to the community and for the gradual reduction of the residence of persons with disabilities in multi-resident frameworks and of the number of residents living in them, including the budget allocation for this purpose;
(2)the number of persons with disabilities who received support services for independent and autonomous living under this Law;
(3)the development of services in the community, as well as initiatives for experimental services, and actions for the improvement of existing services and for the diversification of types of services.
(b)The Minister of Finance shall report to the Labour and Welfare Committee of the Knesset, on 1 March of each year in respect of the preceding year, on the budgets used for the provision of welfare services under this Law and on the details of the programmes in the annual budget law and their budgetary implementation; in this section, "programme" – as defined in the annual budget law as defined in the Budget Foundations Law.

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