Understanding Spain's Law on Personal Autonomy and Dependency Care

First Level: State Jurisdiction and Equality

The exclusive jurisdiction of the State to regulate the basic conditions guaranteeing the equality of all Spaniards in the exercise of rights and in fulfilling their constitutional duties (art. 149.1.CE) justifies the regulation, by part of this Act, of the basic conditions for the promotion of personal autonomy and care for people in situations of dependency. This is achieved by creating a System for Autonomy and Care with the cooperation and participation of all public administrations, and with full respect for the responsibilities that they have undertaken in social care in the development of art. 148.1.20 of the EC. The Act establishes a minimum level of protection, defined and financially guaranteed by the General State Administration.

Second Level: Cooperation and Funding

The law provides a system of cooperation and funding between the General State Administration and the Autonomous Communities (CC.AA) under agreements for the development and implementation of other benefits and services covered in the Act.

Third Level: Additional Protection by Autonomous Communities

The CC.AA may develop, if they deem it appropriate, a third, additional layer of protection for citizens. Since the entry into force of the Law, the regulatory provisions issued by the government will be forced to use the term "person/s with disabilities" (instead of "the disabled" or "people with disabilities").

The System for Autonomy and Care (SAAD)

The System for Autonomy and Care (SAAD) has become the agency to channel and optimize public resources (to coordinate with the General Administration of the State, and local bodies CC.AA) and private resources. It aims to coordinate the services available to various public administrations and businesses on services to promote personal autonomy and care for people in situations of dependency.

Requirements for Applying for SAAD Services

• Spanish Nationality
• Resident in Spain
• Being declared dependent by the national evaluator of the Autonomous Community (Get a positive assessment of dependency)

Healthcare Professionals

Healthcare Professionals are those provided by a public institution or entity, or a non-profit or independent professional, whose purpose is the provision of services to people in a dependent situation, whether at home or at a center.

Personal Assistance

Personal assistance is a service provided by an assistant who performs or assists in tasks of daily life for a person in a situation of dependency, in order to promote their independent living, promoting and enhancing personal autonomy (article 2).

Law for the Promotion of Personal Autonomy

Law 51/2003 of December 2, provides for equal opportunities, non-discrimination, and universal accessibility for disabled people. However, the Law will be the main rule governing the care of people in a dependent position in Spain.

Objectives of the Law

• Optimizing public and private resources in the provision of services.
• Promoting empowerment, thus promoting services that are becoming increasingly important compared to other residential services, where the couple is completely dependent on the institution.
• Effort is required to meet the needs of carers to provide, in addition, the implementation of the Act to promote the reconciliation of work and family life of working people (39/1999 of 5 November). For now, despite this Act, it is mostly families, especially women, who care for dependent persons over 65 years of age, with the overhead for the caregivers and the risk of economic and social exclusion.

The adoption of the Law has established a personal right that is founded on the principles of universality, equity, and accessibility, developing a comprehensive care model for citizens, which recognizes beneficiary participation and is administratively divided into three levels.