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Monitoring of citizens’ appeals in September 2012

19/11/2012

Prepared by the Office for the rights of persons with disabilities.

Monitoring of citizens’ appeals.
Period: September 2012
About 56 appeals were received from September 1 till September 31 2012 by the Office for the rights of persons with disabilities.
35 appeals were taken for further more detailed consideration by the Office’s lawyers.

Appeals in numbers.
Women – 24
Men – 11
1st group disabled – 11
2nd group disabled – 15
3rd group disabled – 4
Without a disability group – 1
Children:
With the 4rd group of health loss – 4
Requests, appeals, petitions to state bodies: 3
Appeals which are being considered: 8

Appeals from Minsk: 16
Appeals from regions: 19

During the reporting period the Office considered:
1. Appeals concerning labour and employment 7
2. Appeals concerning sufficient living standard and social protection (including the main rights and benefits, pension, financial support alimony): 11
3. Appeals concerning health: 3
4. Appeals concerning accessibility (including barrier0free environment, housing problems): 7
5. Appeals concerning independent way of life and inclusion to local community: 1
6. Appeals concerning habilitation and rehabilitation: 3
7. Appeals concerning education: 1
8. Appeals concerning access to justice: 1
9. Appeals concerning freedom and personal immunity

Appeals concerning sufficient living standard and social protection.

Citizen T. appealed to the Office for the rights of persons with disabilities with the problem of provision with diapers.
The provision with diapers is regulated by:

“The Decree of the President of the Republic of Belarus from January 19, 2012 № 41 “On State address social aid (hereinafter referred to as Decree 41). The Resolution by the Ministry of Health of the Republic of Belarus from May 21, 2012 № 49 “On setting the medical indications for the provision with diapers of disabled children up to 18 years old having the 4th degree of health loss and 1st group disabled” (hereinafter referred to as Resolution № 49).
Resolution № 49 set the medical indication (illnesses) for the provision with diapers of disabled children up to 18 years old having the 4th degree of health loss and 1st group disabled.

P. 13, 15 of the Decree № 41 define, that social allowance for buying diapers is given on the grounds of individual program of rehabilitation IPR of a disabled or the decision of medical-consultative commission of a state health organization on the need in diapers and is given not more than twice a year. The amount of allowance for buying diapers is set on the basis of documentary proved costs.

The request to provide with the social allowance for buying diapers is filed by a citizen (his legal representative) to the body of labour employment and social protection in accordance with the registration at the place of residence of a 1st group disabled or a disabled child.

Citizen C. (2nd group disabled) appealed to the Office with the question about communal payments benefits. She lives together with her husband, who is on pension but continues to work and who is a 3rd group disabled.
The citizen was informed about the categories of citizens who in accordance with the article 16 of the Law of the Republic of Belarus from June 14, 2007 № 239-3 “On social benefits, rights and guarantees for some categories of citizens” have the right for benefits (or are freed from the fee or have 50% discount) for paying the communal payments.
Only 1st and 2nd group disabled (except for the persons who became disabled as the result of illegal actions, alcohol, drug or toxic intoxication, mutilation) not having able-bodied family members, who have to provide for them, and living alone or with other 1st or 2nd group disabled or (and) not working pensioners, who reached the age giving the right for the pension on common grounds, have the right for 50% discount for communal payments.
That is why the family has no right for benefits, because the spouse is a working pensioner who in addition is not a 1st or 2nd group disabled.