The new Royal Decree 888/2022 establishes other procedures to establish the declaration, recognition and degree of disability. It replaces the index that had been in effect since 1999, which prioritized the most severe cases of disability.
The new scale, decreed last October 18, will come into effect in April 2023. This text recognizes, declares and qualifies the degree of disability to ensure the right to the specific amount corresponding to the economic retribution for a dependent child or for an increase in the amount of the non-contributory disability pension.
This is in accordance with the provisions of Art. 354 and 367 of the General Social Security Law.
What are the criteria of Royal Decree 888/2022?
The new Royal Decree 888/2022 contains more objective criteria. This allows for a better assessment of the degree of disability throughout the State. The aim is to guarantee equal conditions for all citizens.
Moreover, it is written on a scientific basis to facilitate the understanding and study of health including the economic and social components that affect citizens.
The description of the text is more precise and complete in terms of the level of disability, which means greater transparency and efficiency.
New features of RD 888/2022
Article 10 of Royal Decree 888/2022 stipulates an urgency procedure. It is activated by social need or humanitarian causes, for example, with people with degenerative diseases or victims of war, among others.
In addition, it includes a reduction in the time limit for victims of gender violence. Taking into account that 17.5% of assaulted women have a disability caused by violence, according to the most recent Macro-survey on violence against women.
As for minors with disabilities, they will have equal conditions in terms of their rights. That is, without discrimination based on degree of disability or age, they will receive assistance and support according to their circumstances. This is established in Art 8.5 of Royal Decree 888/2022.
Another important novelty of the new legal text is established in article 4.4 RD 888/2022 Any representative of the disability civil society may actively participate in the disability assessment commissions.
Multidisciplinary teams will be in charge of disability recognition. This after evaluation and qualification of the degree of disability.
Then the administration has 6 months, from the request for resolution, for the recognition of disability, the score achieved according to the new scales and the date for the review of the degree of disability.
What is the accreditation card?
The Public Administration must deliver the accreditation card with the degree of disability, once recognized. This document must contain certain specific data, in accordance with the provisions of article 11 of Royal Decree 888/2022.
- Personal or identifying information
- The degree of disability recognized
- Also the period of validity of the card
- If necessary, the degree of mobility difficulty or the need for assistance from a third party
- Other information that the accreditation card must contain refers to security and confidentiality measures.
As for the review of the degree of disability, it will be made on the date established in the resolution or when there is a modification of the causes that led to its recognition. This is stated in Art 12 of Royal Decree 888/2022.
In addition, it is possible to claim the review of the degree of disability and the resolution of recognition in accordance with the provisions of Art 13 of the new legal text.
This new Royal Decree guarantees equal conditions for people with disabilities. It contains new features compared to the old legislation in force since 1999, for the benefit of the group with some condition of disability.
