DOTCOM: the Disability Online Tool of the Commission
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European Union
D. Independent living
D1. Choice of living arrangements
This issue does not fall under EU competence.
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D2. De-institutionalisation
EU law does not address this issue directly. However, European funding (Structural Funds) can be used to support Member State’ efforts to implement de-institutionalisation policies and the transition to community-based services, for instance by supporting training of staff and investments in social infrastructure. Article 8 of the European Social Fund Regulation addresses the promotion of equal opportunities and non-discrimination and refers to, ‘facilitating the transition from institutional to community-based care, in particular for those who face multiple discrimination’. The preamble to the Regulation also states: ‘The ESF should also promote the transition from institutional to community-based care. The ESF should not support any action that contributes to segregation or to social exclusion’. In addition, Article 5 of the European Regional Development Fund Regulation sets out the investment priorities for the Fund, including ‘investing in health and social infrastructure which contributes to national, regional and local development, reducing inequalities in terms of health status, promoting social inclusion through improved access to social, cultural and recreational services and the transition from institutional to community-based services’ (Article 5(9)(a). The current programming period will end in 2020, and new regulations will be adopted to cover the period 2021-2027.
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D3. Quality of social services
EU law does not address this issue directly, as it is mainly a competence of the Member States. However, the Disability High Level Group adopted a position paper on the Quality of social services of general interest in 2007. The paper aims to provide guidance and inspiration on how to promote quality social services addressing the particular needs of people (women and men, girls and boys) with disabilities. It is addressed to actors active in the areas of social protection and social inclusion, including the Member States. In addition, a 2007 Commission Communication lists specific aims for social services, explains how these aims are reflected in the ways the services are organised, delivered and financed, and it proposes a strategy to clarify the applicable legal framework. The Commission has also published three biennial reports on social services of general interest to date. Moreover, the Commission has established the Social Protection Committee, which is an advisory body. It supports the development of a voluntary EU quality framework providing guidelines on how to set, monitor and evaluate quality standards. It also reports on social inclusion, health care, long-term care and pensions under the social open method of coordination. In 2017 the European Parliament, Council and Commission proclaimed the European Pillar of Social Rights which covers, amongst other things access to essential services and long-term care. The Pillar also contains a principle dedicated to persons with disabilities which provides: ‘People with disabilities have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, and a work environment adapted to their needs’. In some cases EU rules on competition law, public procurement and the internal market apply to social services. In 2010, the Commission adopted a Recommendation on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries. The aim of the Recommendation is to harmonise the ways national complaint handling bodies collect and process consumer rights-related complaints. This is done in order to improve monitoring of consumer markets and consumer policies in the EU. The Recommendation addresses services provided in retirement homes and home care, including ’residences for disabled persons, rehabilitation centres providing long-term support for patients rather than health care and rehabilitative therapy, schools for disabled persons where the main aim is to help students to overcome their disability’.
Links
- Commission Communication on services of general interest, including social services of general interest COM(2007)724
- Disability High Level Group working paper
- European Commission homepage on social services of general interest
- Homepage of the Social Protection Committee
- The European Pillar of Social Rights
- Commission Recommendation on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries
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D4. Provision of assistive devices at home
Some assistive devices fall under the scope of the Medical devices Directive (93/42/EEC), however the EU does not address the issue of provision of these devices at home. Furthermore, Directive 2006/112 permits Member States to apply a reduced VAT rate to certain goods and services, including ‘medical equipment, aids and other appliances normally intended to alleviate or treat disability, for the exclusive personal use of the disabled, including the repair of such goods, and supply of children’s car seats’. In March 2009, the Directive was amended by the EU finance ministers, who included audio-books in the list of items eligible for reduced VAT rates on a permanent basis. This decision allows Member States to bring VAT on audio-books down to 5%. Another European Directive (2003/96) allows the Member States to apply differentiated rates of taxation for energy products and electricity when they are used by people with disabilities. Whilst EU rules allow the 'exportability' from one Member State to another of certain disability-related social security benefits, this does not apply to 'benefits in kind', meaning that disabled people who receive assistive devices from one Member State cannot take those devices with them if they move to another Member State under EU law.
Links
- Directive 2006/112 on the common system of value added tax
- Directive 93/42/EEC concerning medical devices
- Directive 2003/96 restructuring the Community framework for the taxation of energy products and electricity
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D5. Availability of personal assistance schemes
EU law does not address this issue directly, as it is mainly a competence of the Member States. However, Regulation 883/2004 does provide for the coordination of social security schemes, and, in certain circumstances, allows for the exportability of a social security benefit to another Member State. The status of personal assistance schemes under this Regulation is not completely clear. Directive 2006/112 provides for a reduced VAT rate for a number of activities which contribute to social well-being. This can be interpreted to include services for persons with disabilities.
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D6. Income maintenance
EU law does not address this issue directly, as it is mainly a competence of the Member States. However, Regulation 883/2004 does provide for the coordination of social security schemes, and, in certain circumstances, allows for the exportability of a social security benefit to another Member State. Social assistance schemes are not covered by this Regulation. EU citizens who are residents in another Member State can, under certain circumstances, claim disability-related benefits in their state of residence under the same terms as nationals residing there. This applies to EU citizens who are workers or self-employed, their family members and people who have resided in the state of residence for at least five years. The 2017 European Pillar of Social Rights proclaimed by the European Parliament, Council and Commission contains a principle dedicated to persons with disabilities which provides: ‘People with disabilities have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, and a work environment adapted to their needs’.
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D7. Additional costs
EU law does not address this issue, as it is mainly a competence of the Member States. However, Regulation 883/2004 does provide for the coordination of social security schemes, and, in certain circumstances, allows for the exportability of a social security benefit to another Member State. EU citizens who are residents in another Member State can, under certain circumstances, claim disability-related benefits in their state of residence under the same terms as nationals residing there. This applies to EU citizens who are workers or self-employed, their family members and people who have resided in the state of residence for at least five years.
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D8. Retirement income
EU law does not address this issue directly, as it is mainly a competence of the Member States. However, Regulation 883/2004 does provide for the coordination of social security schemes, and, in certain circumstances, allows for the exportability of a social security benefit to another Member State. Old age pensions are, in general, an exportable benefit, meaning that they can be claimed by someone who lives in a Member State other than the Member State which is paying the pension.
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