With the entry into force of Law 8/2021of June 2, which reforms civil and procedural legislation for the Support for people with disabilities in the exercise of their legal capacityall persons with disabilities are recognized their legal capacity with the possibility of having the support they need.
In this way, new figures are created that come to replace the old “guardianship” of people with disabilities; The representative or welfare curatela and the “In fact”, this prevailing of the reform that comes to recognize the role of families and people close when providing the necessary support and care to the person with disabilities.
When this rule entered into force, both the IRPF law and the Social Security Law autonomously and automatically assimilate the old guardianship to the new curate, leaving out all persons with disabilities who have a factual guardian, that is, the vast majority of people with autism.
This situation has resulted in Thousands of people have stopped receiving the deductions of IRPF and Social Security of those that were being beneficiaries or, what is the same, deductions of services that have to pay and pay every day to support and improve their quality of life, such as residential centers, therapies or benefits, among many others.
For all this, Autism Spain He has met with the representatives of the parliamentary groups of the PSOE, Sumar, Popular Party and Vox, as well as with the Ministry of Social Rights and Agenda 2030to inform this anomaly and request the normative adaptation to the new reform of legal capacity of people with disabilities, following the mandates established in the International Convention on the Rights of Persons with Disabilities and, therefore, people with a factual guard can continue to be the subject of the deductions set in the IPRF Law and Social Security for people with disabilities.
From the Confederation they want to thank the good reception by the parliamentary groups of this claim and ensure that they will continue working to which is effectively reflected in legislative production of the Congress of Deputies and thus improve the quality of life of people with autism and their families.
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