Annex I — Legislative measures regarding assistance referred to in Article 1 of the Convention (deel 1) Europees Verdrag betreffende sociale en medische bijstand
Legislative measures regarding assistance referred to in Article 1 of the Convention
Belgium
– Law of 27 June 1956 concerning the Special Assistance Fund.
– Law of 2 April 1965 concerning Public Assistance.
– Royal Decree No. 81 of 10 November 1967 establishing a Fund to provide for medical, social and educational services for the handicapped.
– Law of 8 July 1964 concerning urgent Medical Assistance.
– Law of 7 August 1974 establishing the right to a minimum level of means of subsistence.
– Law of 8 July 1976 relating to the organisation of Public Social Assistance Centres.
Denmark
– The Act on Active Social Policy (Act no. 455 of 10 June 1997 as later amended).
– The Act on Social Services (Act no. 454 of 10 June 1997 as later amended).
France
– Family and Social Assistance Code : (Decree No. 56-149 of 24 January 1956).
– Social Assistance to Children – Part II – Chapter II.
– Social and Medical Assistance – Part III (except Articles 162 and 171):
– Social Assistance to families and to the aged, infirm, blind or seriously disabled. Compensatory allowances for rent increases. Special accommodation measures.
– Medical Assistance to the sick, sufferers from tuberculosis, mental patients.
Germany
a. The Federal Social Assistance Act as published on 23 March 1994 (Federal Law Gazette, I, pp. 646 and 2975), last amended by Article 12 of the Act of 13 September 2001 (Federal Law Gazette, I, pp. 2376 and 2975).
b. Paragraphs 27, 32 to 35 and 41, each in conjunction with paragraph 39 of Volume Eight of the Social Code as published on 8 December 1998 (Federal Law Gazette, I, p. 3546).
c. Paragraphs 3, 19 and 69 of the Act to prevent and combat infectious diseases contracted by humans (Infektionsschutzgesetz – IfSG, Article 1 of the Act to revise the legislation on epidemics of 20 July 2000, Federal Law Gazette, I, p. 1045).
d. Book Two of the Social Code – Basic Income Support for Jobseekers – as published on 13 May 2011 (Federal Law Gazette I, p. 850).
e. Book Twelve of the Social Code – Social Assistance – as published on 27 December 2003, most recently amended by Article 3.b of the Act of 20 June 2011 (Federal Law Gazette I, p. 2090).
Greece
Greek legislation provides for public assistance for those in need. Social assistance is made available consisting of economic, medical-pharmaceutical and hospital related assistance, as well as other benefits. Ministerial decisions have been promulgated and enacted regarding health care to such a degree that there is no uninsured indigent social group in this country not covered by a social assistance regime including hospital, medical and pharmaceutical assistance.
According to Decree No. 57/1973 (Article 5, paragraph 2) aliens from States who have adopted the European Convention on Social and Medical Assitance, residents in Greece, are integrated within the social assistance programmes as equals of the Greek citizens.
Such programmes cover needy and emergency cases of individuals who are unable to face by their own or their family’s means, a natural disaster or illness by the assignment of a lump sum.
The above social assistance is also provided for the over 65 years old unable to cover their living demands by their own or their family’s means, although no emergency reason occurs.
This assistance is granted after claim at the Prefectural Welfare Autority of the place of residence, responsible to certify the economic weakness of the claimant. Ministerial Decision A3/7485/81 provides full health assistance to foreigners on transit and tourists of Greek origine not residing in Greece, on the condition that their stay will be no longer than three months; besides foreign students fellows of the Greek Government and the members of the families of the medical fellows enjoy full health assistance during their stay in this country.
a. Assistance to children.
The following reform has been realised:
i. Presidential Decree 856/81 (Official Gazette 218/81 Vol A). It has been reformed and completed by a joint Ministerial Decision signed by the Ministers of Finance and Health, Welfare and Social Security. Decision No 3634/82 re: Benefit for children without support uprating of the age limit to 16 years old, instead of 14.
ii. Presidential Decree No. 147/89 (Official Gazette No. 70/Vol. A/89) re: uprating of the monthly benefit from 7,000 Drs. to 9,500 Drs. and expansion of the financial criteria.
iii. Circular to the Ministry of Social Assistance No. 817/7338 of 10 January 1952 “Free admission to observation clinics for children suffering from glandular infections”.
iv. Ministerial Decision 8291/84 (Official Gazette No. 860/ Vol. B/84) re: Child Care Homes : approval of their operating regulations, according to Article 4.
Child Care Homes (ex. Orphanages) are open to physically and mentally normal children aged from 5 and a halp to 16 years old needing institutional care, which is proved by a social investigation carried out for each claimant.
v. Law 4227 of 17 March 1962 “Organisation of day-nurseries and admission of infants not supported by their families” (Official Gazette A No. 49 of 24 March 1962).
b. Assistance to Adults
i. Circular of the Ministry of Social Assistance No. 374/9505 of 30 July 1956 “Hospital care and medical and pharmaceutical assistance”.
Such assistance is provided for needy cases and for entitled persons in other special categories.
ii. Circular of the Ministry of Merchant Shipping No. 14931 of 7 March 1950 “Free travel”. A number of free places are reserved for the needy on Greek coastal vessels.
iii. Law 2603 of 1953 ratifying Decision No. 487 of 13 May 1952 of the Council of Ministers, concerning payment by the State of travelling expenses for needy prisoners returning home on release.
iv. Free legal assistance under Articles 220 to 224 of the Code of Civil Procedure.
This assistance is granted to aliens on a basis of reciprocity.
c. Assistance for the aged and the chronically ill.
I. Legislative decree 162/1973.
Official Gazette No. 227 “Assistance provisions in favour of the aged and chronically ill” providing institutionalisation (in Public and Private Entity Establishments) and protection of the non-institutionalised, Day Centres for the aged (KAPI), home assistance and so on.
II. Legislative Decree 1118/1972.
re: “Private enterprises providing medical assistance for the aged or the chronically ill, suffering from a deficiency of the mobility system and regulation of adequate matters”.
Iceland
Law No. 80, dated 5 June 1947, concerning social assistance.
Ireland
– Blind Persons Act, 1920.
– Social Welfare (Supplementary Welfare Allowances Act), 1975.
– Mental Treatment Act, 1945.
– Health Act, 1953.
– Health and Mental Treatment Act, 1957.
– Health and Mental Treatment (Amendment) Act, 1958.
– Health Act, 1970.
Italy
a. Single text of the laws on public order of 18 June 1931, No. 773, Art. 142, et seq., governing the sojourn of aliens in Italy.
b. Law of 17 July 1890, No. 6972 on public assistance and welfare institutions Art. 76-77 and Administrative Regulation of 5 February 1891, No. 99, Art. 112 and 116 relating to invalids and needy persons in general.
c. Law of 14 February 1904, No. 36, Art. 6 and Regulations of 16 August 1909, No. 615, Art. 55, 56, 75, 76 and 77 relating to the insane.
d. Law of 23 December 1978, No. 833, concerning the setting up of the National Health Service : Articles 6, 33, 34, 35.
e. Legislative Decree of 30 December 1979, No. 663 (Article 5), converted into the Law of 29 February 1980, No. 33, Article 1.
f. Law of 4 May 1990, No. 107 concerning the activities of transfusion relating to human blood and of the production of derived plasmas.
g. Law of 26 May 1990, concerning toxic dependencies.
h. Law of 5 June 1990, concerning AIDS.
i. Ministerial Decree of 27 September 1990. Compulsory National Health Service Insurance for unemployed workers from the European Communities living in Italy.
l. Presidential Decree No. 309 of 1 October 1990. A single body of laws on narcotics, prevention, treatment and rehabilitation of drug users.
- Regeling
- Europees Verdrag betreffende sociale en medische bijstand
- Afkortingen
- EVSMB
- Soort
- Verdrag
- Geldend vanaf
- 22-02-2016
- BWB-id
- BWBV0005096
- Versie
- 2016-02-22_0