The Law for Amending and Supplementing the Law for Social Protection is passed
Does the State provide social security for the persons with intellectual disability?

      On 22nd of July 2005 the Parliament of R.Macedonia adopted the Law for Amending and Supplementing the Law for Social Protection. The passing of the Law for Amending and Supplementing of the Law for Social protection has been preceded by series of meetings of representatives from disabled persons organization with representatives from the Ministry of Labour and Social Policy (the Ministry). The aim of these working meetings was to make pressure on the Ministry in order to recognize the needs and the situation of the persons with disability and their families, and to realize that it is essential to take urgent measures for improving the actual condition.
Considering that the social protection mostly concerns persons with intellectual disability, fundamental priority of PORAKA is creation of legal opportunities for realisation of rights from social protection. During the working meetings with the Ministry, PORAKA strongly lobbied for realisation of the following:

Priorities regarding the rights from Social Protection for persons with intellectual disability
(provision of rights for persons with intellectual disability)

Enlargement and development of support for the persons with intellectual disability and their families.
The State should provide social security for the persons with intellectual disability, by realisation of the rights from social protection.
1. Realisation of financial allowance for assistance and care from another person for persons with moderate intellectual disability as well.
      For persons with moderate intellectual disability, as well as for persons with severe and profound intellectual disability till 26 years of age special allowance is realised. With reaching 26 years of age the realisation of the special allowance ends, and it is continued by realisation of an allowance for assistance and care from another person, but only for persons with severe and profound intellectual disability.
      Persons with moderate intellectual disability are excluded from realisation of this allowance, although the needs do not disappear with reaching 26 years of age, on the contrary they are increased.
2. Realisation of financial allowance for assistance and care from another person for persons with moderate, severe and profound intellectual disability must not be connected with the incomes and the financial status of the family. Provision of conditions for using permanent financial assistance (The Law for Social Protection, Art.21) or promotion of new personal right for the persons with moderate, severe and profound disability, who are declared as legally incompetent. This personal right should be realised according the disability, thereby the income and the socio-economic status of the family should not be considered.
3. The allowance for part-time job provided by The Law for Social Protection (Art.33), to be also available for the parent who cannot have a regular job because of the care for his/her child/person with intellectual disability during the whole day. The allowance for part-time job, for the employed parents and for unemployed parents, to be 50% of the average salary.
4. The allowance for foster families (Art.69) from the Law for Social Protection to be provided also for the biological families with children/persons with intellectual disability.

      The Ministry has accepted none of these four suggestions of PORAKA.
      By entering the proposed Law in Parliamentary procedure, with the support of the members of the Parliament – members of the Inter – Party Parliamentary Lobby Group, PORAKA submitted amendments to this Law, as a final attempt to provide fundamental rights for persons with intellectual disability and their families. The Amendments were not accepted and no explanation has been given for that.

Therefore, the situation regarding the social security of persons with intellectual disability in Macedonia has not changed and is extremely alarming:
• Persons with moderate intellectual disability above 26 years of age did not realise a right to allowance for support and care from another person. With this act the state confirmed that it does not care for this group of people (they are not included in the educational process, there are not any state day centers for their acceptance and support, they are excluded from the system for social protection, they are excluded from exemption from participation in the health protection, they are extremely limited in opportunities for employment).
• Persons with intellectual disability, once more have not been included as users of personal rights from social protection, not receiving possibility ton realise permanent financial assistance according to disability, but not considering the socio-economic status of the families.
• The biological families are again in unequal situation in regards to foster families.
• Even the suggestion related to the allowance for part-time job has not been accepted (to be realised by a parent who cannot have a regular job because of the care for his/her child with severe disability during the whole day and raising of this allowance from 30% to 50% of the average salary).