The new Royal Decree 888/2022 establishes new procedures for determining, recognizing, and classifying the degree of disability. It replaces the classification system that had been in effect since 1999, which prioritized the most severe cases of disability.
The new Royal Decree 888/2022 establishes new procedures for the determination, recognition, and classification of disabilities. It replaces the regulations that had been in effect since 1999, which gave priority to the most severe cases of disability.
This is in accordance with the provisions of Articles 354 and 367 of the General Social Security Law.
What are the criteria set forth in Royal Decree 888/2022?
The new Royal Decree 888/2022 sets forth more objective criteria. This allows for a more accurate assessment of the degree of disability throughout the country. The aim is to ensure equal conditions for all citizens.
Furthermore, it is written from a scientific perspective to facilitate the understanding and study of health, including the economic and social factors that affect citizens.
The text’s description is more precise and comprehensive regarding the level of disability, which leads to greater transparency and efficiency.
Changes in Royal Decree 888/2022
Article 10 of Royal Decree 888/2022 establishes an expedited procedure. It is activated due to social necessity or humanitarian reasons, such as in the case of people with degenerative diseases or victims of war, among others.
In addition, the statute of limitations is shortened for victims of gender-based violence. It is estimated that 17.5% of women who have been assaulted have a disability caused by violence, according to the most recent Macro Survey on Violence Against Women.
With regard to children with disabilities, they will enjoy equal rights. In other words, without discrimination based on the severity of their disability or their age, they will receive assistance and support tailored to their circumstances. This is established in Article 8.5 of Royal Decree 888/2022.
Another significant change in the new legislation is set forth in Article 4.4 of Royal Decree 888/2022: Any representative of the disability civil society may actively participate in disability assessment committees.
Multidisciplinary teams will be responsible for issuing determinations to recognize a disability. This will follow an evaluation and assessment of the degree of disability.
The administration then has 6 months, starting from the date of the application, to issue a decision regarding the recognition of the disability, the score assigned according to the new criteria, and the date for the review of the disability level.
What is an accreditation card?
Once a disability has been recognized, the government must issue a disability identification card. This document must include certain specific details, as set forth in Article 11 of Royal Decree 888/2022.
- Personal information or identifying data
- The recognized degree of disability
- Also, the card's validity period
- If necessary, the degree of mobility impairment or the need for assistance from another person
- Another piece of information that the accreditation card must include pertains to security and confidentiality measures
The review of the degree of disability will take place on the date specified in the decision or whenever there is a change in the circumstances that led to its recognition. This is established in Article 12 of Royal Decree 888/2022.
In addition, individuals may request a review of their disability rating and the decision granting recognition, in accordance with the provisions of Article 13 of the new law.
This new Royal Decree ensures equal opportunities for people with disabilities. It introduces changes compared to the previous legislation in effect since 1999, for the benefit of people with disabilities.
