Rehabilitation allowances – to be modified upon motion by the Ombudsman

Rehabilitation allowances – to be modified upon motion by the Ombudsman

Ombudsman Máté Szabó deems it exemplary and significant from the point of view of defending the rights of helpless average people that the Constitutional Court declared unconstitutional the regulation precluding the disbursement of rehabilitation allowances to people engaging in activities earning minimal income. According to the Ombudsman, the Court confirmed that the basic requirements of legal security and equal opportunity should prevail during the transformation of the disability provision system. The Ministry of Human Resources has already submitted to the Government the draft amendment of the relevant legal regulation.

According to the Ombudsman's motion, the principle of equal opportunity is infringed by the regulation restricting access to employment for people receiving low level allowances. Ombudsman Máté Szabó submitted his motion to the Constitutional Court because, in his view, the provisions of the Basic Law promoting equal opportunity and protection of those living with disabilities are breached if rehabilitation allowances have to be suspended in the case of engagement in income earning activities, participation in public works or in the case of incapacity for work, and if disability benefits have to be canceled when beneficiaries engage in income earning activities and their incomes in average for three consecutive months surpass 150% of the minimum wage.

In its ruling adopted upon the Ombudsman motion, the Constitutional Court pointed out that the provision stipulating the suspension of the disbursement of rehabilitation allowances does not meet the requirement of legal security. It is disconcerting that any income, no matter how small, results in the suspension of rehabilitation allowances even if the need thereof persists and an income necessary to minimal subsistence would be ensured. The Constitutional Court annulled this provision because it would not facilitate taking up work by those in need and their earliest, full and equal (to those not in need) social involvement – on the contrary, it has an adverse effect.

An amendment is in the works

The Ministry of Human Resources has already submitted to the Government a draft amendment according to which, as of 2013, the disbursement of rehabilitation allowances shall be suspended only if beneficiaries simultaneously engage in continuous income earning activities for more than four hours per day or twenty hours per week.