Passed 16.10.2014 No 48
Based on Social Welfare Act § 26 Chapter 1 Point 6.
§ 1. General Provisions
(1) Personal assistance service order (hereinafter order) provisions the request for a Personal Assistant service (hereinafter service) for a person with severe mobility or visual impairment, revision of the request, the terms of allocation and providing the service.
(2) Objective of service
1) to increase independent coping and participation in various fields of life for people who require physical assistance due to severe mobility and visual impairment;
2) to decrease the burden of care for the families of people with severe mobility and visual impairment and to support their independence and social activity, including participation in workforce.
(3) Personal share for the service is 3 percent of service hourly cost.
(4) Service is organized by Tartu City Council Department of Social Welfare and Health Care (hereinafter department).
§ 2. Service provider
(1) Personal Assistant service is provided by juridical person who is in contract with Tarty city. Service provider has to have necessary skills and experience as Personal Assistant or similar service and with working with disabled people (hereinafter Service provider).
(2) Service provider is to ensure service is provided and received in a room which is accessible for people with mobility and visual impairment.
§ 3. Personal Assistant
(1) Personal Assistant is a first-hand service provider, who assists a person granted the service when moving around, eating, clothing, communication, self-care procedures, writing, reading and everyday household tasks as per the service recipient impairment and job specifications (hereinafter Personal Assistant).
(2) Personal Assistant is not a family member, or of whom he/she has maintenance obligation arising from the Family Law Act, or person who lives permanently in the same household as the service recipient.
(3) Personal Assistant’s job specifications do not include activities not associated with physical care usually provided by specially trained and prepared person.
§ 4. Objectives of service allocation
(1) Service is allocated to a person of age:
1) who due to severe mobility or visual impairment cannot independently complete everyday activities and needs assistance;
2) who is able to clearly and understandably guide and coordinate the work of Personal Assistant as per the impairment;
3) whose place of residence as per population register is the city of Tartu and whose actual place of residence is the city of Tartu or whose place of residence as per population register is city of Tartu but who temporarily is in a different city due to studies or work.
(2) Service is terminal and allocated for up to three years.
§ 5. Applying for the service
(1) To apply for the service, application is sent to the social worker of the department of local authority as per the residence entered in the population register.
(2) In the application, service requester’s personal details, type and severity of disability and description of service needs are provided.
(3) Together with the application the degree of severity of disability and upon wish the opinion of the service requestor’s service needs from the person representing the organization of that disability type should be submitted.
(4) Application form is approved by the head of department.
§ 6. Revision of service request
(1) Social worker reviews the application and evaluates the need for service based on the submitted data, home visits, interview and evaluation methods.
(2) Service requestor can include the person representing the organization of that disability type to the interview.
(3) In case of shortages in the application, social worker will allocate time to the requester for eliminating them. In case of refusal to provide some information, not submitting the request on time or providing false data, request will not be reviewed.
(4) Social worker has the right to request additional documents to confirm the requesters service needs. In case of refusal to provide additional data, data is not submitted on time or false data is provided, request will not be reviewed.
(5) Evaluation methods for service requests are approved by the head of department.
§ 7. Appointing service
(1) Based on the evaluation, social worker will propose to the social welfare committee (hereinafter committee) the service, including the decision on quantity of service or service refusal.
(2) Decision to appoint or refuse the service is made by the committee no later than a month after receiving the proper application. Quantity of the service, including the supporting activities, are approved in the appendix of the decision.
(3) Committee refuses appointing the service if:
1) during evaluation of the application the need for Personal Assistant is not recognized;
2) person is in hospital and needs treatment;
3) person has infectious diseases in infectious stage.
§ 8. Providing service
(1) Based on the committee’s decision social worker directs the service recipient to the service provider.
(2) Service recipient has the right to choose a suitable Personal Assistant among the employees of service provider. If service recipient will not find a suitable Personal Assistant within 2 weeks of service being appointed, the service provider will appoint a suitable Personal Assistant as per the ruling made by the committee.
(3) Service provider provides the service recipient with the service as per the service needs and quantity decided by the committee and job specifications described by the service recipient.
(4) If the person will not use the service within 4 weeks, person will be considered renouncing the service.
§ 9. Changes in service needs
Service recipient is obliged to inform the department immediately in case the need for support changes due to changes in state of health, living conditions or other reason and to submit a new application to the department. Revision and service appointment is done per paragraphs 6 and 7 of this act.
§ 10. Premature discontinuation of the service
(1) Services will be discontinued:
1) on request of service recipient;
2) if service recipient relocates to another municipality;
3) if service recipient starts receiving round-the-clock care;
4) if obligations in paragraph 9 of this act are not completed;
5) if service recipient is giving false information;
6) if person is not fulfilling his/her contractual obligations;
7) if the behavior of service recipient makes providing the service impossible;
8) if service recipient dies.
(2) The discontinuation of the service as per chapter 1 point 4 and 5 of this paragraph will be decided by committee.
§ 11. Implementing Provisions
(1) In force from 1. January 2015.
(2) Decisions approved and in power prior to this act will be revised and formulated into decisions as per current act within 1 year of act becoming effective.
Translated by Kaia Koppel, MTÜ Õnnepank