Frequent questions

FREQUENT QUESTIONS

Social services for the elderly

1. Who benefits from the provisions of the Law no.17 / 2000 on social assistance for elderly people, republished, with subsequent amendments and completions?
An elderly person who is in one of the following situations:
are not families or are not dependent on a person or persons bound by it in accordance with the legal provisions in force;
there are no dwellings or the possibility to secure their living conditions based on their own resources;
they do not make their own income or they are not enough to provide the necessary care;
can not be self-sufficient or require specialized care;
is unable to meet its socio-medical needs due to illness or physical or mental condition.
2. What are the rights provided by law?
Law no.17 / 2000, republished, as amended and supplemented, provides for the right of the elderly to receive care services:
at home;
in a residential center for the elderly;
day care centers, elderly clubs, temporary care homes, apartments and social housing, and the like.

3. Where do you need to ask for assistance and care?
In order to receive care and care services provided by a public, residential or day center, for the elderly or at home, it is necessary to ask for it at the request of the town hall where you live.
Following the social investigation to be carried out at your home, local government authorities will establish your right to social assistance services provided in self-administered centers.
The social survey will include the date about your illnesses, your ability to manage, your living conditions, your income, etc.

4. How to calculate the monthly maintenance contribution in the homes for elderly people
According to the provisions of art.25 par. (2) and (4) of the Law no.17 / 2000 on social assistance for elderly people, republished, as subsequently amended and supplemented, the average maintenance cost is determined depending on the degree of dependence on the elderly person in care and which take into account the total current annual expenditure of the elderly, minus the sums received from the Single National Health Insurance Fund, to finance the personal rights of medical staff and medicines.
The average maintenance cost must ensure that the level of minimum quality standards is met and not be lower than the minimum cost standard approved by the Government decision under the law.
At that time, the minimum cost standard for residential social services for the elderly is in force. The Ministry of Labor and Social Justice intends to develop a draft GD amending and supplementing the GD no. 978/2015 on the approval of the minimum cost standards for social services and the level of monthly income per family member based on which the monthly contribution of maintenance due by legal supporters of the elderly in residential centers, which will include the approval of age-related costs for the elderly, by dependency rates.
According to the provisions of art.102 of the Social Assistance Law no.292 / 2011, with subsequent amendments, the elderly who have their own income have the obligation to pay a monthly contribution for the provision of personal care at home and for assistance and care in the residential center established by the local public administration authorities or the private providers that administer them.
According to art. 25 par. (5) of the Law no.17 / 2000, the elderly who have income and care in the home due to the monthly maintenance contribution of up to 60% of the value of the personnel per month, without exceeding the approved monthly average maintenance cost.
The contribution is determined personally for each individual beneficiary after the completion of the complex assessment and based on the data provided in the social survey and in the socio-medical (geriatric) evaluation sheet, the model of which is set out in Annex no. 3 to the Government Decision no.886 / 2000 for the approval of the National Grid for Assessing the Needs of the Elderly.
The socio-medical assessment sheet - mandatory for the elderly person's request for home or foster care for the elderly, includes data on the economic and social situation of the elderly.

The difference to the full value of the monthly maintenance allowance will be paid by legally supported elderly carers in the dorms if they earn monthly income per family member in excess of 782 lei.
When setting the monthly maintenance allowance, we recommend that you take into account the provisions of art.529 paragraph (1) Law no.287 / 2009 on the Civil Code, republished, with the subsequent modifications and completions, according to which the maintenance is due according to the need of the person and the provisions of Article 93 of the Social Assistance Law no. 292/2011, according to which the maintenance obligations are established in such a way that they do not affect the incomes considered as being of minimum necessity for the current life of the person / maintenance and its / their children.
Therefore, the percentage of the monthly maintenance allowance in the average monthly maintenance cost is between 0%, the elderly who have no income and no legal support, and up to 100% of the monthly average cost of maintenance depending on the income of the beneficiary and, where appropriate, of its legal counterparts.

How was the evaluation and selection of the associations and foundations for granting subsidies from the state budget for the year 2017, based on the Law no. 34/1998

Pursuant to Law no. 34/1998 on the granting of subsidies to Romanian legal entities and foundations that set up and administer social assistance units, as well as to its methodological norms (NM) approved by H.G. no. 1153/2001, with the subsequent modifications and completions, the Ministry of Labor and Social Justice carries out annually, the grant program for non-governmental organizations providing social services.
According to the aforementioned regulations, since 2016, the assessment and selection of associations and foundations is carried out by the evaluation and selection commissions set up at the level of the territorial paying and social inspection agencies in whose associations or foundations the headquarters are located.
The evaluation and selection of associations and foundations is carried out on the basis of the criteria set out in Article 6 of the NM, and the maximum score that can be granted for each criterion is provided in Article 7 ^ 1 of the NM.
The list of subsidized units is drawn up in order of score, budgeting, and for the classification of social assistance units with the same score to be budgeted, the severance criteria provided by the NM apply.
If the budget for the year for which the grant is awarded is not approved, a provisional agreement shall be concluded, with a maximum of 30 days from the date of approval of the budget, to conclude the definitive agreement.
Therefore, given that in December 2016 the law on the approval of the state budget for 2017 was not yet adopted for establishing associations and foundations that received funding in January on the basis of the conclusion of provisional conventions (Annex no. .2 to the Order of the minister of labor, family, social protection and elderly persons no.2324 / 2016 for the approval of subsidies from the state budget for the year 2017 for Romanian associations and foundations with legal personality that establishes and manages social assistance units based on Law no.34 / 1998, with the subsequent modifications and completions) we applied the distribution of the social assistance units according to the obtained score, with the framing in the budget calculated according to the provisions of art. 37 paragraph (1) of the Public Finances Act no.500 / 2002 , with subsequent amendments.
Thus, Annex no.2 to the Order of the Minister of Labor, Family, Social Protection and the Elderly no. 2324/2016, as amended and supplemented, includes associations and foundations whose social assistance units have obtained between 90 and 75 points.
As far as February is concerned, the Order of the Minister of Labor and Social Justice no.109 / 2017 included the social assistance units with the score of 90 to 80 points, with the mention that for the social assistance units with the score of 80 the criteria for grading , only residential centers included in the list. For the 28 home care units for elderly people with the 80 score, the conclusion of the provisional conventions for February was not approved because the available budget was exceeded, in compliance with the provisions of the Law no. 500/2002 and the NM do not provide criteria additional grading for the 28 units in the last position in the leaderboard, after scoring in the descending order of the score and after applying the penalty criteria. Considering the fact that the State Budget Law for 2017 is poorly approved and the provisions of Article 12 (3) of the NM, according to which, in order to be included in the amount approved by the budget for the year for which the grant is granted, by order of Minister of Labor and Social Justice will be approved the levels of subsidies for which the final conventions are concluded, the Ministry of Labor and Social Justice elaborated the Order of the Minister of Labor and Social Justice no.275 / 2017 for the approval of the subsidies from the state budget for 2017 for the months of March December, for Romanian associations and foundations with legal personality that establishes and administers social assistance units, based on the Law no. 34/1998.
According to this order, as compared to February, in March-December, a number of 28 home care units (UIDs) with a score of 80 (on the same level, in descending order of scoring and after application of penalty criteria ), for which a definitive agreement for a reduced rate of 24% of the proposed amounts for the 10 months will be concluded.
The Order can be consulted on the website of the Ministry of Labor and Social Justice in the Family field => Family policies, inclusion and social assistance => Subsidies.

Accreditation of social service providers

1. Can the municipality that did not establish the social assistance department / do not employ social workers accredit?
According to the provisions of art.10 paragraph (3) of Law no.197 / 2012 on the quality assurance in the field of social services, with the subsequent modifications and completions, the accreditation is made at the request of the supplier and only if, at the time the application is submitted, or undertakes that, within a maximum of 3 years from the date of obtaining the accreditation certificate, it will establish and provide social services.
If the municipalities that did not set up social assistance compartments and the responsibilities stipulated by the social assistance law, to the responsibility of the local public administration authorities are not found in any of the departments / departments of the mayor's specialized apparatus, can not be granted accreditation as a social service provider.
Regarding the employment of social workers, according to the provisions of art.40 of the Social Assistance Law no.292 / 2011, with the subsequent modifications, the social service providers employ social workers in their own structures, or, in the absence thereof, they can acquire the services provided by the assistants registered social welfare companies or civil societies of social assistance.

If, for objective reasons, social workers can not be employed or acquire their services, social service providers may hire social workers to carry out identification and, where appropriate, assess the needs of those seeking social services.

2. In the context of the provisions of Art.122 of the Social Assistance Law no.292 / 2011, with the subsequent amendments, can one accredited a town hall functioning only one person employed in the social assistance department, if the population of the city is over 5,000 inhabitants?
Yes. The provisions of Article 122 (2) of the Social Assistance Act no.292 / 2011, as amended, concern a proportionality ratio between the number of social assistants and beneficiaries for the specific activities provided for in paragraph 1 of that article, and not to the entire population of the territorial administrative unit in which the public social service service operates.
If the number of cases pertaining to a social worker exceeds the ratio of a social worker to 300 beneficiaries, the public social assistance service will take the necessary measures in accordance with the provisions of art.40 of the Social Assistance Act no.292 / 2011, with subsequent modifications.

3. In the context of the provisions of Art. 125 of the Social Assistance Law no.292 / 2011, with subsequent amendments, can be accredited a department within the specialized apparatus of the mayor in which civil servants are employed?
Yes. According to the provisions of paragraph (2) of art. 125, a distinction is made between the persons with attributions in the elaboration and elaboration of annual strategies and plans of action, in the collection and management of data, etc. who may be employed as civil servants and the specialist staff involved in the process of providing social services that must be contract staff.
Therefore, these provisions apply only to staff working directly in social services constituted as social assistance units or as social assistance institutions subordinated to the local or county council.
According to the provisions of Article 146 paragraph (3) of the Social Assistance Act, until the adoption of appropriate amendments and additions and the elaboration of special laws, the normative acts in force in the field of social assistance continue to apply.

4. What should be the attributions of the department within the mayor's specialized apparatus if the City Hall requests the accreditation of the information and counseling service?
The section organized in the specialized apparatus of the mayor, according to Article 113 paragraph (4) of the Social Assistance Law no.292 / 2011, with the subsequent modifications and completions, is the specific tasks of the public social assistance service provided by art. (3) lit. a) -o) and lit. s).
Information and counseling of the beneficiaries is one of the attributions stipulated in lit. it)
Please note that it is important to distinguish between citizens' information and counseling activity specific to the City Hall and not subject to the accreditation procedure and the social service as a specialized activity defined in Article 27 (1) of the Social Assistance Act no. 292/2011, with the subsequent modifications and completions and identifiable according to the criteria provided by art. 29 - the purpose of the social service, the categories of beneficiaries, the place of granting, etc.

5. Is the creche that operates under a public social service service accredited?
Yes. The public social service service as a social service provider is required to request accreditation for the social services it provides.
According to the provisions of art. 2 of the Law no. 263/2007 on setting up, organizing and functioning of nurseries, with the subsequent modifications and completions, regardless of the form of their organization in public or private system, with or without legal personality, nurseries are social services which is organized and operates in compliance with the legislation on social services and is therefore accredited under the law.
Also, according to the provisions of Article 7 paragraph (2) of the Government Decision no. 1252 of 12/2012 on the approval of the Methodology for the organization and functioning of crèches and other early childhood education units, for setting up nurseries as units providing pre-school education services, the service provider presents to the public social assistance service the following: the sanitary authorization for functioning; veterinary authorization; environmental authorization; fire safety authorization; work permit from the point of view of labor protection; the temporary functioning authorization, issued by the county / Bucharest school inspectorate and the accreditation certificate of the social services provider.

6. Are complex assessment services for children and adults, case management, monitoring, and the like subject to the accreditation procedure?
Not. The services defined by the activities referred to in Article 3 (2) (2) of the Government Ordinance no.68 / 2003 on social services are considered social services if they are granted in a special social assistance center or unit included in the organizational chart .
We also specify that it is important to distinguish between the information and counseling activity of citizens specific to the local public administration authorities and not subject to the accreditation procedure and the social service as a specialized activity as defined in Article 27 (1) of the Social Assistance Law no.292 / 2011, as subsequently amended, and identifiable according to the criteria provided by art. 29 - the purpose of the social service, the categories of beneficiaries, the place of granting, the contract concluded between the social services provider and the beneficiaries, etc.

7. Is the provider or social services accredited by him / her?
According to the provisions of art. 38 of the Social Assistance Law no.292 / 2011, with the subsequent amendments, in order to provide social services on the territory of Romania, the providers of social services, irrespective of their legal form, must be accredited under the law and the social services can operate on the territory of Romania only if they are accredited under the law.
According to the provisions of the Law no. 197/2004 regarding the quality assurance in the field of social services, with the subsequent modifications and completions, the observance by the social service providers of the accreditation criteria - which mainly concern the identification data, information on the knowledge of the services management social conditions and the conditions stipulated by the Social Assistance Law no.292 / 2011, as amended, regarding the establishment, administration, operation and financing of social services, is attested by an accreditation certificate that is granted for an indefinite period. The fulfillment by social services of minimum quality standards is attested by an operating license, which is granted for a period of 5 years, out of which, in the first year, in the form of a provisional operating license.
The application for accreditation of the supplier, completed according to the form provided in Annex no. 2 to the Methodological Norms and accompanied by the supporting documents referred to in Article 8 of the Methodological Norms for the application of the provisions of Law no. 197/2012 on quality assurance in the field of social services, approved by H.G. no.118 / 2014.
After receiving the accreditation certificate, the accredited social service provider may submit the application for accreditation for social services, completed according to the form provided in Annex no. 7 to the Methodological Norms and accompanied by the self-evaluation sheet and the supporting documents referred to in Article 18 paragraph 1) of the NM.
The required forms can be downloaded from the MMJS website at the following address:
http://www.mmuncii.ro/j33/index.php/ro/2014-domenii/familie/politici-familiale-incluziune-si-asistenta-sociala/3222

8. How to identify the social services that are subject to the accreditation procedure?
Taking into account the various forms of organization and functioning of social services, the mentioned normative acts do not provide an exhaustive list of social services subject to the accreditation procedure. In identifying social services, both the applicant and the evaluator have in mind:
definition of social services - a complex set of measures and actions designed to meet individual, family or group social needs in order to prevent and overcome situations of difficulty, vulnerability or dependence on preserving the autonomy and protection of the person, preventing marginalization and social exclusion, to promote social inclusion and to improve the quality of life;
classification of social services;
Nomenclature of social assistance institutions approved by Government Decision no.539 / 2005 with subsequent amendments and completions.
In identifying the social services subject to the accreditation procedure, consider the social service accreditation application form, Section 3 "Social Service Specifics". For the "other form" option you will take into account the classification of the service in the definition of social services and their classification in section 1 "Definition and classification of social services" in Chapter III "Social Services Scheme" of the Social Assistance Act no.292 / 2011, with subsequent changes.

9. Is the fundraising activity subject to the accreditation procedure?
The fundraising activity is not subject to the accreditation procedure, as it is not a social service as defined in Article 27 (1) of the Social Welfare Law, no. 292/2011, with subsequent modifications and identifiable according to the criteria provided in Article 29 - the purpose of the social service, the categories of beneficiaries, the place of grant, the contract concluded between the social service provider and the beneficiaries, etc.
Fundraising is a specific activity for non-patrimonial organizations (donations being one of the ways of establishing the incomes of associations and foundations, according to the provisions of the Government Ordinance no.26 / 2000 on associations and foundations, approved with amendments and completions by Law no. 246/2005, with the subsequent amendments and completions), regardless of the field in which they operate, being not specific only to the field of social services.

10. Can commercial companies be social service providers?
According to the provisions of art.37 paragraph (3) of the Social Assistance Act no.292 / 2011, as subsequently amended, economic operators may be providers of social services for all categories of social services organized under the law, with the exception of:
services to prevent separation of the child from the family;
services for a child temporarily or permanently deprived of its parents;
social services for the prevention and combating of domestic violence, including those for aggressors;
social services for people with disabilities.

11. Are primary social services subject to accreditation?
The classification of social services in the primary and specialized areas provided by the Government Ordinance no.68 / 2003 on social services, approved with amendments and completions by Law no. 515/2005, with the subsequent modifications and completions, is no longer maintained by the provisions of the Social Assistance Law no. 292/2011, as amended and supplemented. Please note that primary social services, defined by the activities provided for in Article 3 (2) (2) of the Government Ordinance no. 68/2003, are considered social services if they are granted in a special social assistance center or unit and included in the organizational chart. In identifying the social services subject to the accreditation procedure, consider the social service accreditation application form, Section 3 "Social Service Specifics".
For the "other form" option you will take into account the classification of the service in the definition of social services and their classification in section 1 "Definition and classification of social services" in Chapter III "Social Services Scheme" of the Social Assistance Act no.292 / 2011, with subsequent modifications and additions.

12. Post-school or post-school centers must have an operating license based on the provisions of the Law no. 197/2012 on quality assurance in the field of social services, with subsequent amendments and completions?
Only if these centers also provide social services, as defined in the Social Assistance Act no.292 / 2011, as amended. For example, according to the Methodology for organizing the "School after School" program approved by Order no. 5349/2011, it includes the "support package" or the "training package for life", the meal, etc., can be organized and in other areas than in school units and also addresses children from disadvantaged groups. In this situation, when granted in an integrated system of education and social services, social services must hold an operating license.

13. Kindergartens must hold an operating license on the basis of the provisions of Law no. 197/2004 on quality assurance in the field of social services, with subsequent amendments and completions?
Not. According to the National Education Law no.1 / 2011, with the subsequent modifications and completions, kindergartens are preschools and are organized as legal entities or other legal units.

14. What are the specialists with a qualification in the field of social assistance whose CVs have to be submitted by the public and private providers who did not set up a social service at the time of filing the application?
There are specialists in social assistance and counseling from Group 2635 of the Occupation Classification in Romania (COR), as well as Group 3412 from the COR of social assistance and assimilated specialists.

15. Is a social service service / center operating under the subordination of a local / county council a provider of social services?
According to the provisions of Article 114 (1) and 115 (1) in conjunction with the provisions of Article 112 paragraph (3) of the Social Assistance Act no.292 / 2011, as subsequently amended, the local public administration authorities at the level of the counties respectively at the level of municipalities, towns, communes, as well as the sectors of the Municipality of Bucharest performs the tasks of providing social services, etc. through the public social assistance services, respectively the functional departments.
Therefore, in order to comply with the provisions of the Social Assistance Act no.292 / 2011, with subsequent amendments, the social service providers of the local public administration authorities are DGASPC / SPAS and the social services / social services centers operate under the subordination / their coordination. Thus, DGASPC / SPAS accredited as social services providers under the provisions of Law no. 197/2004 on quality assurance in the field of social services, with amendments and completions, will apply for accreditation in order to obtain a functioning license for the social services of LPAA.

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