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Social protection

There are two main benefit systems:

The first system compensates people whose working capacities have been reduced or annulled, for loss of income. Eligibility depends a minimum length of employment, accident or occupational illness). Payments are based on previous salary.

The second system applies to people certified with a handicap of 65%, who have no (or very little) income and cannot benefit from the first system. The recipient is paid a fixed amount, which is intended to guarantee a minimum subsistence level.

The different systems lead to huge differences in terms of the amounts of money received, which also do not take into account costs related to disability.

Parents of children with disabilities may apply for specific subsidies.There is a variable range of tax benefits and reductions. which depend on the level and type of disability (Disability Network Report, 2007).

The Act Ley 39/2006, established the National Dependency System (SND), to provide care services (home assistance, telecare, day and night centres, technical assistance, and residential care), as well as financial assistance.  Data from IMSERSO, (2009) shows that most financial help corresponds to financial assistance for family care.

Concerning non-contributory invalid benefits, the profile is that of a female, aged 70-74, married, with a psychological disability and  levels of handicap between 65-74%. (IMSERSO, 2008)

Regarding financial and social benefits for disabled people derived from the Act 13/82 (LISMI), data from data from IMSERSO (2008) shows that total beneficiaries were 41.777 people, of which, 70.75% have physical disabilities; 18.96% psychological disabilities, and 10.28% sensory disability. The typical profile is of individuals aged more than 80, with physical disabilities.

Rehabilitation and re-training

The following issues have been identified by the International Disability Rights Monitor, 2007:

Rehabilitation aims to assist people's functioning.  This has been criticized because it only addresses recovery and not long term needs for living (Cayo, 2006). 

The right to integral rehabilitation, was established by the LISMI in 1982 but has not been developed. One problematic issue is: "its dispersion between different Departments; Health, Education, Employment and Social Affairs and the different Public Administrations that are competent; State and Autonomous Communities" (Cayo, 2006 p.35).   Additional shortcomings concern improved training of health professionals and establishment of common criteria for disability training.

The National Health Service lists basic and common orthoprosthetic products that must be provided across the country and the Autonomous Communities can enhance this and determine the payment system, which is sometimes based on reimbursement for costs (Real Decreto, 2006). However since 1996, financial constraints have caused a decline in provision (Laloma, 2005, cited in International Disability Rights Monitor, 2007)

Preferential employment and quotas

Since 1982, public or private companies with more than 50 employees have had to employ 2% workers with disabilities. From 2000, companies that have not met the quota have been able to implement other measures such as purchasing services and products from sheltered workshops.

While there is not much data on the quota, it is accepted that it has not been very effective.

The Public Administration has committed to a minimum quota of 5% subject to applicants passing selection procedures (International Disability Rights Monitor, 2007).

Spain adopted the European Directive 2000/78 for equal treatment in employment in 2003. However, definitions of direct or indirect discrimination and  reasonable accommodation are not part of the Workers Law, but the LISMI (Social Integration of the Handicapped Law), leading to a lower level of awareness. Prohibition of discrimination is linked to ability to perform the job rather than  essential functions of the job (Estatuto de los Trabajadores, updated, 2008) and obligations concerning vocational training have not been completely adopted.

Financial incentives, including a reduction in costs for social benefits / fringe benefits, operate for companies employing persons with disability, varying according to the type of employment contract (International Disability Rights Monitor, 2007).

Long-term support and care

Economic subsidies are regulated by the social security system, are under common law and centrally managed. However, regions are completely responsible for managing and financing social care services in their areas and there is wide variation in service coverage and delivery.( Durán, Lara & van Waveren, 2007).

Community care services do not differentiate between specific groups of disabled people (e.g. by impairment) (Durán, Lara & van Waveren, 2007). Non-economic services include home care  (visits and tele-care) and intermediate services (day care, housing, temporary residence in social care centres).

Most people who need assistance receive this from family members. (Costa-Font & García González, 2007). Of the total number who receive personal support, 76.64% obtain this from the family, 6.7% through private support, and only 3% from social services (International Disability Rights Monitor, 2007: statistics from 1999). In 2004, the number of the population covered by some kind of home care service (whether domiciliary or telephone assistance) was 377,717; 33 709 attended day care; and 275 13 received residential care. (Sancho Castiello 2005, cited in Durán, Lara & van Waveren, 2007).).

The EU report Included in Europe (Freyhoff et. al., 2004) identified 42 residential institutions in Spain. Figures were available for 12 of these. They ranged in size from  places for 32 - 1,416 residents, with a mean number of 145. A total population of 11,535 people living in institutions is provided as an indicative figure. Most of those living in institutions were people with intellectual disabilities.