Disability Support Fund Act

52e1aie Offite of the & wetarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 SEP 16 A9:33 SENATE RECEIVED BY: 1390 S. No. _ Introduced by Senator MARK A. VILLAR AN ACT ESTABLISHING THE DISABILITY SUPPORT FUND FOR THE EMPOWERMENT, FULL PARTICIPATION, AND INCLUSION OF PERSONS WITH DISABILITIES IN SOCIETY AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Article II, Section 11 of the 1987 Philippine Constitution provides that the State values the dignity of every human person and guarantees full respect for human rights. Likewise, Republic Act No. 7277 or the "Magna Carta for Persons with Disability," recognizes the rights of persons with disability (PWDs) by establishing a comprehensive framework of rights, privileges, and government obligations to ensure PWDs enjoy equal opportunity, dignity, and full participation in all aspects of society. Despite these legal safeguards, PWDs continue to face systemic barriers such as limited access to assistive devices, rehabilitation programs, livelihood opportunities, and inclusive education. These persistent gaps erode their dignity, restrict their autonomy, and impede their full participation in national development. Thus, this necessitates the adoption of measures that further advance the rights of PWDs to an inclusive and sustainable society. This bill proposes to establish the Disability Support Fund (Fund) to address gaps in the program implementation currently undertaken by the national and local governments and civil society organizations. The Fund shall support PWDs in terms of expenses related to disability such as, but not limited to, augmentation to transportation services, food and nutrition, disability support services provided by human interventions, maintenance medicines,

rehabilitation services, and educational needs, including assistive devices, technology and support equipment, pre- and post-employment services, and access to government assistance and services for all. Further, this bill will have a greater impact on the economy by providing productive opportunities for PWDs to become contributing members of society, all the while ensuring that they receive the effective and equal support they need to fully participate in society. Therefore, urgent approval of this bill is earnestly sought. MARK A. VILLAR

Spliate «Office of tie eriterate TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session SEP 16 A9:33 SENATE RECEIVED BY. S. No. 1390 Introduced by Senator MARK A. VILLAR AN ACT ESTABLISHING THE DISABILITY SUPPORT FUND FOR THE EMPOWERMENT, FULL PARTICIPATION, AND INCLUSION OF PERSONS WITH DISABILITIES IN SOCIETY AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Disability Support Fund

2 Act".

Sec. 2. Declaration of State Policy. - The Philippines, as a State Party to the

United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), recognizes all the rights of persons with disabilities and shall take effective and appropriate measures to respect, protect, and fulfill the full enjoyment by persons with 7 disabilities of these rights such as, but not limited to, access to habilitation and 8 rehabilitation services, participation in socio-economic activities, access to a range of 9 in- home, residential and other community support services, including personal assistance, learning and assistive devices, and technology necessary to support living independently and inclusion in the community, and to prevent isolation or segregation from the community. It is the declared policy of the State to adopt the generally accepted principles of international law as part of the law of the land. It is likewise vital that the State advance social justice in order to end poverty in all its forms, particularly the historical deprivation of the support required by persons with disabilities for their effective inclusion and full participation in society.

To attain a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, raises the standard of living, and improve the quality of life, appropriate measures in developing social protection programs and allowances that recognize the additional costs associated with disability shall be undertaken. Towards this end, the State shall establish a Disability Support Fund to augment local government units' assistance for their disability-specific and mainstreamed programs and services, targeting persons with disabilities to support their need to access services and new skills, leading to social and economic productivity and allowing them to gain greater independence and become contributing members in nation-building. In pursuit of these ends, disability support assistance shall be extended to indigent persons with disabilities to cover part of the disability-related extra costs generated by their disability-specific needs and barriers resulting from inaccessibility of facilities and services.

Sec. 3. Definition of Terms. -

a) "Disability" is an umbrella term for impairments, activity limitations and participation restrictions, referring to the negative aspects of interaction between an individual with health condition and contextual factors. b) "Barriers" are anything that hinders persons with disabilities from enjoying or exercising all human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field, on an equal basis with others. Barriers in all its forms encompass inaccessible physical environments and transportation; the unavailability of assistive devices and technologies; inaccessible information both in form and content; nonadaptive means of communication; gaps in service delivery such as unavailability of personal assistance and sign language interpretation service; discrimination including denial of reasonable accommodation; attitude, prejudice, and stigma in society; programs,

policies, and laws infringing on the rights of persons with disabilities as recognized under the Convention on the Rights of Persons with Disabilities; c) "Indigent" as used in this Act, is a person with disability whose income is insufficient for maintenance medications, treatments, and other disability- related extra costs, as identified based on specific criteria to be formulated by the Department of Social Welfare and Development (DSWD), the National Council of Disability Affairs (NCDA), and representatives from national organizations of persons with disabilities, in accordance with the guiding principles set forth in Section 2; d) "Impairment" is the description of body structures that are diminished, weakened, or damaged. Impairments can be divided into primary and secondary: 1. Primary impairments are motor behaviors that are directly related to changes in any system, such as muscle tone, postural stability, motor coordination. Primary impairments are any impairments that are present at birth, including heart defects, endocrine diagnoses, and visual impairments. 2. Secondary impairments develop over time and frequently as a result of the primary impairments. Examples include decreased range of motion, force production, and endurance; e) "Persons with Disability" include those who have long-term physical, mental, intellectual, or sensory impairments which, in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others; f) "Community Support Systems" refers to the combination of services, products, and people that assist persons with disabilities to carry out daily life activities and participate in their communities; g) "Disability and Needs Assessment" refers to the process by which disability of an individual is officially recognized for the purpose of eligibility determination to diverse entitlements. It is based on a human

rights model of disability, with a focus on functional limitations, support requirements and barriers restricting participation; Persons who may fall in this definition are all other persons under the disability assessment and determination system issued by the Persons with Disability Affairs Office (PDAO), which will be developed under this law and shall also be used in the issuance of the persons with disability ID; h) "Reasonable Accommodation" means the necessary and appropriate modification and adjustments so as not to impose disproportionate or undue burden, and to ensure that persons with disabilities enjoy or exercise on an equal basis all human rights and fundamental freedoms; i) "Rehabilitation" refers to re-gaining skills, abilities or knowledge that may have been lost or compromised as a result of acquiring a disability, or due to a change in one's disability or circumstances. Rehabilitation means restoring capacity and ability. This generally applies to an adult who has to re-adapt to society after acquiring a disability; "Habilitation" refers to a process aimed at helping people gain certain new skills, abilities, and knowledge. Habilitation involves learning skills that will enable a person to function in society. These kinds of programmes usually target children born with disabilities; k) "Progressive Realization" means undertaking measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view of achieving progressively the full realization of these rights, without prejudice to those obligations contained in the Convention on the Rights of Persons with Disabilities that are immediately applicable according to international law; 1) "Reasonable accommodation" means necessary and appropriate modification and adjustments so as not to impose disproportionate or undue burden, and to ensure that persons with disabilities enjoy or exercise on an equal basis all human rights and fundamental freedoms;

m) "Disability-related extra costs" are the expenses subjected to a person with disability based on disability-specific needs and barriers resulting from inaccessibility of facilities and services. Refers to the direct (e.g., buying assistive device or paying for personal assistance or sign language interpretation service, or extra health care like medicines, more expensive housing or transportation service, etc.) and indirect (e.g., loss productivity because of longer travel time such as experienced by those who uses wheelchair who need to travel by wheelchair because they cannot use the cheaper public transport, family members who stop working to provide care and support to persons with disabilities, etc.) costs as a result of their disability that drives persons with disabilities in situation of poverty, exposure to vulnerability of exclusion or restriction to participation"; n) "Children with Disabilities" include those individuals under the age of eighteen (18) who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis"; o) "Disability-related needs" include disability-related medical supplies (e.g., medicines, catheters, diapers), medical-related services (e.g., rehabilitation services, etc.) assistive products, personal assistance, sign language interpreter, higher cost of accessing services because of lack of accessibility (e.g., transportation cost), and others; and p) "Organization of Persons with Disabilities (OPD)" are led, directed and governed by persons with disabilities with a clear majority of their membership being recruited among persons with disabilities themselves. Examples of OPDs include national organizations of women with impairment-specific organizations such as national disabilities, organizations of persons of psychosocial disability, parents representing children with disabilities, cross-disability organizations, specific health conditions recognized under the Philippine law such as patients and survivor of cancer, persons with rare diseases, and all other

organizations of persons with disabilities as recognized under the Convention on the Rights of Persons with Disabilities."

Sec. 4. Disability Support Fund. - The Disability Support Fund aims to address

the gaps in the program implementation currently undertaken at the national and at the local level through programs and projects of the local government and civil society organizations. Local government units and accredited non-government organizations will also be assisted through funding to establish responsive services supporting independent living of persons with disabilities. The Disability Support Fund shall provide individuals with disabilities the opportunity to avail of disability related services and have access to government assistance and services for all. The Disability Support Fund shall have the following components, such as, but not limited to the following: 1. Local Government Unit Establishing a Comprehensive Disability Support Services through Provincial, City andMunicipal Persons with Disabilities Affairs Office; 2. Development of affordable and accessible Disability Support Services managed by organizations of persons with disabilities; and 3. Individual Support Allowance for qualified persons with disabilities, identified by the National Disability Assessment and Determination System which shall be developed by a Technical Working Group led by the DSWD, DOFI, DEPED, and the DOLE with diverse representations from Organizations of Persons with Disabilities. This support shall cover expenses related to disability such as, but not limited to, augmentation to transportation services, food and nutrition, disability support services provided by human interventions, maintenance medicines, rehabilitation services, educational needs, such as but not limited to assistive devices, technology and support equipment, pre-employment and during employment services and access to government assistance and services for all.

The Disability Support Fund shall aim to provide a regular stipend to indigent persons with disabilities based on the eligibility criteria to be formulated by the DSWD, the NCDA and representatives from national organizations of persons with disabilities. 4 The initial amount of Two Thousand Pesos (Php2,000.00) a month per individual beneficiary is set for the Disability Support Fund, which will be indexed to inflation to preserve its positive impact on the standards of living and participation of people with disabilities. This would contribute, in combination with existing social protection programs and discounts to address the higher cost of transportation, housing, nutrition, hygiene and temporary human assistance requirements, among others. For working age adults out of work, it will provide a basic income security and will help cover disability related costs for finding and keeping work. The Program shall be implemented in two (2) phases starting with the existing master list of LGUs who already have the ID: a) Phase 1 - The initial phase of the Disability Support Fund Program, to be implemented in the first three (3) years, shall prioritize provision of stipends to: I. Children with disabilities; II. Adults with moderate and severe disability, who are facing the highest barriers and disability-related costs; and III. Persons with disabilities who are recipients of social protection and economic empowerment programs such as but not limited to the Social Pension for Indigent Senior Citizens. b) Phase 2 - The second phase of the Program, to be implemented in the next three (3) years, shall include all persons with disabilities certified as indigent by the DSWD, based on the eligibility criteria to be formulated under this Act. Provided, That the abovementioned programs and services on counseling, capability-building of social workers, both local and national, and provision of assistive equipment and devices, such as wheelchairs,

and prosthetic devices, among others, may be given in addition to the abovementioned Program to indigent persons with disabilities.

Sec. 5. Coverage. - All indigent persons with disabilities, as certified by the

DSWD, based on a human rights approach, shall be covered by the provisions of this Act. Priority shall initially be given to children with disabilities and adults with significant disabilities who are facing the highest barriers and disability-related costs. However, the aim is to eventually cover all registered persons with disabilities who have either no income or have low levels of income as well as persons with 9 disabilities who face disability-related extra costs that deprive them of an adequate 10 standard of living.

Sec. 6. Eligibility. - In determining eligibility to avail of the Disability Support

Fund, the Disability and Needs Assessment System shall be considered, with a focus on functional limitations, support requirements, and barriers to participation. In recognition of the multiple forms of poverty and the extent of disability- related costs required for basic participation, eligibility of persons with disabilities to avail of the Disability Support Fund will be compatible, insofar as practicable, with eligibility and benefits from different social protection and economic empowerment programs such as, but not limited to, the Social Pension for Indigent Senior Citizens, the Fund acting as a top-up for subsidizing disability-related extra costs. Provided, That the DSWD may, in its discretion, adopt additional bases to achieve the objectives of this Act.

Sec. 7. Role of the Department of Social Welfare and Development (DSWD). -

The DSWD shall be the administrator of the Disability Support Fund. All applications for availing of the Fund shall be lodged with the DSWD. In partnership with the NCDA, organizations of persons with disabilities, all concerned government agencies, local government units through the PDAO, and non-government organizations shall implement programs and services targeting persons with disabilities. All policies concerning programs and services for persons with disabilities shall be reviewed and enhanced for clarity of operationalization at the local level by the DSWD.

Sec. 8. Disability and Needs Assessment System. - To effectively implement

social protection measures targeting persons with disabilities, a Disability Data Management System shall be created and managed by the DSWD, in coordination with the Department of Information and Communications Technology (DICT), and shall be linked to the Community-Based Monitoring System (CBMS) which aid in the development of poverty-reduction programs from local to the national level. Linkage to the National ID System, and the DOH Persons with Disability Registry, which is mirrored with the PhilHealth Database System shall also be done to provide real-time 9 disability data and subsidized enrolment to PhilHealth insurance.

Sec. 9. Policy on Disability Identification Cards. - The issuance of Disability

Identification Cards pursuant to Republic Act No. 7277 or the "Magna Carta for Persons with Disabilities," as amended, along with other relevant laws, administrative issuances, and local ordinances, shall incorporate the information necessary for the granting of the monthly Disability Support Fund allocation to eligible persons with disabilities.

Sec. 10. Penal Provisions. - The penalties shall apply to the following:

a) Any Person With Disability, or his/her parent or his/her relative of any degree of consanguinity or affinity, or any third person found to be deliberately committing any fraudulent act of enrolling a Person With Disability to the when a person is not eligible shall suffer the following: I. For the first violation, a fine of not less than Twenty-five thousand pesos (Php 25,000) but not exceeding Fifty thousand pesos (Php 50,000); II. For any subsequent violations, a fine of not less than Fifty thousand pesos (Php 50,000.00) but not exceeding One hundred thousand pesos (Php 100,000.00); and III. For a third and fourth violation, a revocation of any license or business permit; b) Any person, natural or juridical, violating any provision of this Act and its IRR, except violations pertaining to Subsection a of this Section, shall be penalized with a fine of not less than Fifty thousand pesos (Php

50,000.00) but not exceeding One hundred thousand pesos (Php 100,000.00). If the violator is a corporation, organization or any similar juridical entity, the officials directly involved and responsible shall be liable therefor.

Sec. 11. Monitoring. - The DSWD, in collaboration with representatives of the

Organizations of Persons with Disabilities, is hereby tasked to convene an Inter- 7 Agency Committee to make an annual assessment of the implementation of this Act.

Sec. 12. Appropriations. - The amount necessary for the implementation of this

Act shall be included in the annual General Appropriations of the DSWD in the year following its enactment into law and thereafter. The allocated budget shall gradually increase in fulfillment of the progressive realization principle.

Sec. 13. Implementing Rules and Regulations. - Within one hundred and twenty

(120) days from the affectivity of this Act, the Department of Social Welfare and Development (DSWD), in consultation with the Department of the Interior and Local Government (DILG), Department of Health (DOH), Philippine Statistics Authority (PSA), National Council for Disability Affairs (NCDA), National Anti-Poverty Council (NAPC), representative/s from registered Organizations of Persons with Disabilities, and other relevant stakeholders from government agencies and non-government organizations, shall issue the necessary rules and regulations to implement the 20 provisions of this Act.

Sec. 14. Report to Congress. - The DSWD shall annually submit a report to

Congress on the status of the implementation of this Act for the purpose of review and recommendation of additional measures necessary for the attainment of the objectives of this Act.

Sec. 15. Suppletory Clause. - The provisions of Republic Act No. 7277,

otherwise known as the "Magna Carta for Persons with Disabilities," as amended by Republic Act No. 10754 and Republic Act No. 9442, have suppletory effect to the provisions of this Act.

Sec. 16. Separability Clause. - If any provision of this Act is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and in effect.

Sec. 17. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provision of this Act is hereby repealed, modified, or amended accordingly.

Sec. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in two (2) newspapers of general circulation. Approvea,