Informative Notice
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Guidance, care and employment under special conditions
Guidance, care and employment under special conditions is an organised form of care that is used to to fulfil the fundamental human right of adult disabled persons under the constitution and law to the service that provides these persons (in continuation: users) in accordance with their abilities the possibility to be actively engaged in social life and the working environment and to perform useful work that is adapted to their abilities.
Guidance, care and employment under special conditions is organised and implemented to enable users to preserve the acquired and expand new knowledge and working skills, to acquire new social and working habits, realise their own ideas and creativity, to stimulate the sense of usefulness and self-confirmation. The service also ensures other forms of care that enable working and social engagement to users and their families.
It also enables users the reward for performed work in accordance with the general act of the service provider.
The standard stipulates the minimum service scope which the service provider guarantees within the scope of the public service.
A concrete scope of service is determined in an individual agreement which is signed between the service provider and the user. Additional offer of the service provider, for which the user or their legal representative decide, and part of the service that is implemented within the scope of above-standard services, is a part of the agreement. Extended duration of the service, the implementation of leisure and creative activities outside the scope of the service, vacation, sport and cultural engagement are not implemented within the scope of the standard service.
By concluding an agreement, the user can be guaranteed a service that takes less than 5 hours per day or once a week.
Basic care entails residence, meals, technical care and transport.
Social care entails guidance, care and employment under special conditions.
If, besides the guidance, care and employment under special conditions service, the service provider also implements institutional care for the users of this service or the service of assistance at home to the family of mentally and physically handicapped persons, the standards and norms for such services apply for the implementation of those services.
The beneficiaries to this service are:
- Adults with mental disorders;
- adults with several disorders
Procedure: the procedure of service implementation comprises initial provision of information, implementation of the procedure with regard to admission, content preparation for the admission of the beneficiary, signing of the agreement on service implementation and the preparation of the individual plan, accommodation and implementation of service and its termination.
The procedure of exercising the right to the service is regulated by the rules on the procedure of exercising the right to institutional care.
The types of service are ensured to the beneficiaries by care and occupational centres that operate as public social care institutions and concessionaires who have obtained the concession for the performance of the service based on a public tender.
The duration of the service is conditioned by the:
- inclusion of the user in such type of care and until they are prepared to receive the service;
- temporary or occasional inclusion.
The service is implemented occasionally when it is implemented for a definite shorter period of time which is repeated periodically.
The service is implemented temporarily, when it is implemented only for a certain period.
Direct implementation of the service begins in the morning and lasts eight hours per day for five working days per week; the contents exceeding the standard are dependent on an agreement between the user and the service provider. Contents exceeding the standard include: longer time of service duration, the implementation of leisure activities outside the 8-hour service, vacation, winter vacation, sport and culture engagement, quizzes and similar.
Daily presence means that the beneficiary is present at least five hours per day.
Methods: the basis for the implementation of the service is the prepared individual agreement on the implementation of the service. The service is implemented according to individual and group work methods, whereas the principles of individualisation, multidisclipinarity, integrity of consideration, activities, autonomy and choice options.
Applies for SKD:
- Other human resources provision N78.300
Conditions
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The concession in the field of social care is granted for performing public services in the field of social care.
The state is the concession provider, except for the care at home services, where the municipality is the concession provider.
A legal or natural person (concessionaire), who fulfils all the prescribed conditions, is granted the concession based on the public tender.
The ministry, competent for social care or the municipal council use the concession act to determine the type and scope of services, for which the public tender (tender) for the granting of concession is published.
The tender can be published only for a service or individual type of service as is determined in the umbrella act and regulations issued based on this act, i.e. on the standards and norms of social care services.
A concession cannot be tendered only for a part of a service.
The concessionaire must fulfil the following conditions:
- they are a legal entity in the Republic of Slovenia, registered for performing activities subject to the concession or they area a subsidiary of a foreign legal entity that performs this activity, entered in the registered in the Republic of Slovenia, or they are a natural person registered in the Republic of Slovenia for performing the activity subject to the concession,
- they fulfil the conditions with regard to premises, equipment, staff and other conditions stipulated by the umbrella act and its executive regulations for the performance of the service for which the concession is tendered (services),
- they have prepared a detailed work programme,
- they ensure quality implementation of the service and that
- they are financially and commercially qualified.
The concession is granted for a determined period. The concession for management and care as well as employment under special conditions is granted for 20 years.The concession provider enters the concessionaire in the register of issued concessions.
Beneficiaries who are exempt from payment of social care services can enforce the exemptions only for social care services that are performed within the scope of a public service and in accordance with the prescribed standards and norms by a public social care institution or concessionaire, where the price is designed in accordance with the prescribed methodology, and for which the law does not stipulate that they are free for the beneficiary.
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Before entering in the register of providers of social security services on the basis of the work permit or before the acquisition of the concession and entry on the register of concessionaires, the holder of the permit or concessionaire shall obtain the consent to the price of the social security service.
The price of the service is determined by the management authority of the legal entity or the natural entity itself on the basis of the prescribed methodology.
The provider of the social security services files an application for the consent to the price of the service on the form with the competent ministry. Forms are in the Rules of the methodology for setting the price of social assistance services.
The elements for pricing are:
- labour costs,
- costs of material and services,
- depreciation costs,
- costs of investment maintenance,
- financing costs.
The providers of social security services set the prices for standard and above-standard social security services. The setting of the prices for standard and above-standard services shall be separate.
The ministry responsible for social security gives consent to the prices of the service.
Evidence
Consent to the price of social security services
Legal basis
- Social Assistance Act (ZSV)
- Rules on concessions in the field of social assistance
- Rules on the engagement in the provision of social services on the basis of a work permit and entry into the register
- Rules on social services price formation methodology
Competent Authority
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If the service is implemented on the basis of the issued work permit, the competent minister, after acquiring the permit and consent to the price of the service, issues the decision by which the provider of the service is entered in the register of the providers of the service.
If the service is implemented on the basis of the concession, the competent authority, ex officio, enters the granted concession in the register of granted concessions.
The entry in the register of providers of social security services or concessionaires is a condition required to start pursuing social security services.
Legal basis
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The provider of a social security service is obliged to constantly send written reports to the ministry responsible for labour on all the facts and occurrences that may affect the implementation of the service, such as relevant personnel changes, unforeseeable events, accidents and similar.
Legal basis
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Once a year by the end of March, the concessionaire must submit to the concession provider the annual report encompassing the balance sheet, income statement and attachment with explanations of the statements and business report regarding the implementation of the service.
On the basis of the work permit, the service provider shall annually submit the annual report on the work in the past year to the Social Work Institute by April 30.
Legal basis
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If the provider in addition to social security activity also performs any other activity, he shall separately show the operations related to the field of social security in the annual report or financial statements.
If the concessionaire, in addition to the service he received concession for, also conducts other services or activities for which he is registered, he shall observe the regulations on the accounting and provide separate monitoring of business operations and presentation of financial results with the means of public funding and other means for the implementation of public service from the monitoring of operations with means arising from the sale of goods and services in the market.
Legal basis