Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House B|i| No.  5498
INTRODUCED BY REPRESENTATIVE BERNADETTE "BH" HERRERA
EXPLANATORY NOTE
In  the  Philippines,  persons  with  disabilities  (PWDs)  represent  at  least  twelve  percent
(12%) of the  adult population from  ages  15 and  above.   This  is  based  on the  National
Disability  Prevalence  Survey  conducted  by  the  Philippine  Statistics  Authority  in  2016-
2018.  They  constantly  face  significant  barriers  in  accessing  education,  health  care,
community  and   citizenship   participation,   and   in   seizing   economic  opportunities.   In
addition,  due to lack of support services,  persons with disabilities who require  personal
assistance have to rely on their family members who in turn have to reduce their working
hours, or stop working altogether to provide such support.
PWDs and their families incur significant additional disability costs related to accessing
essential services, seeking, and retaining work, and participating in society. These costs
include  private  transportation,  support  for  information  and  communication,  assistive
devices, and human assistance. Overall, persons with disabilities have less income and
more expenses than those without disabilities, which greatly increase their vulnerability,
and undermine their economic empowerment and escape from poverty.
Accordingly, the government has enacted various legislations to provide PWDs with the
opportunity  to  participate  in  mainstream  society  and  to  support  their  total  well-being.
Among the various measure that were adopted by the government are the granting of five
percent  (5%)  to  twenty  percent  (20°/o)  disability  discount  on  various  services  and
commodities, granting of tax exemptions, and the mandatory and subsidized PhilHealth
membership.
While  the   above   mentioned   measures  contribute  to   improving  the  socio-economic
situation of the PWDs, they still have significant limitations. For one, while the mandatory
PhilHealth  membership  is  supposed  to  cover  the  healthcare  needs  of  persons  with
disabilities,   barriers  to  actually  accessing  these  services  remain   unaddressed.   For
another,thebenefitsofthedisabjlitydiscountandtaxexemptionsarefeltmainlybyPWDs
who already have a certain level of income and purchasing power.  Moreover, while the


4Ps Program covers households with PWDs, it does not include any specific measure to
support them in addressing disability-related costs, such as but not limited to rehabilitation
services,    maintenance    medicines,    personal    assistance   services,    sign    language
interpreters and assistive device to enhance their functionalities, to name a few. In other
words,  there  are still  major gaps  in  coverage and  adequacy,  which  leave  most  PWDs
unsupported.
According to the United Nations, the people's capacity to manage and overcome shocks,
especially  during  the  COVID-19  pandemic,  is  enhanced  when  comprehensive  social
protection  systems  are  in  place.  Such  is  the  case  of  the  4Ps  Program  wherein  all
beneficiaries were reported to have immediately received emergency subsidy under the
Social  Amelioration  Program  of the  Department  of  Social  Welfare  and  Development
(DSWD) two weeks after the approval of the law.
To  complement  the  existing  measures  and  schemes  already  in  place  for  the  PWD
community, this Bill seeks to adopt and progressively roll out a monthly disability support
allowance  amounting  to  Two  Thousand  Pesos  (Php  2,000.00).  The  monthly financial
assistance aims to ease the burden suffered by low income families of children and youth
with disabilities,  and adults with disabilities who have no means to support themselves.
Likewise,  the  disability  support  allowance  shall  be  compatible  with  employment,  at  a
reduced  rate,  to  cover the  disability-related  costs associated with  getting  and  keeping
work, and to prevent unwanted pressures on persons with disabilities not to take up work
for fear of losing the benefit.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
artylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETENTH CONGRESS
First Regular Session
House Bill No.  5 4 9 8
INTRODUCED BY REPRESENTATIVE BERNADETTE "BH" HERRERA
AN ACT
PROVIDING FOR THE DISABILITY SUPPORT ALLOWANCE FOR PERSONS WITH
DISABILITIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
E= jt_=_?.f.ctpd by the senate and House of Representatives of the philippines in congress
assembled:
SECTION 1, Short Title. -This Act shall be known as the "Di.sad;./t.fy Support A//owance
for Persons with Disabilities Act."
SECTION 2.  Declaration of Policy. - 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 also vital that the State advances social justice in order to end poverty in all its forms,
particularly the  historical deprivation of support required  by persons with disabilities for
their effective inclusion and full participation in the society.
To attain a just and dynamic social order that will ensure prosperity and free the people
from poverty through policies that will provide adequate social services, a rising standard
of living  and  an  improved  quality of life for all,  as well  as  policies that will  promote  full
employment, the State shall undertake to develop social protection programs such as the
granting of disability support allowances to persons with disability as a recognition of the
additional costs associated with disability.
SECTION
defined:
3.  Definition  of Terms.  -  For purposes  of this Act,  the following  terms  are
a)      Persons   with   Disabilities   (PWDs)   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.
Persons who may fall under this definition are, but not limited to, the following:
persons  with  psychosocial  disability,  person  with  autism,  person  with  down
syndrome,  person who are blind,  person with low vision,  person with hard of
hearing,  deaf,  person  with  rare  diseases,  and  all  other  person  who  will  be
certified under the disability assessment and determination system;
b)      Disability  is  an  evolving  concept  that  results  from  the  interaction  between
persons  with   impairments  and   attitudinal   and   environmental   barriers  that
hinders their full  and  effective participation  in  society on an  equal  basis with
Others;
c)       Barriers  are  anything  that  hinder  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;  non-adapted  means  of
communication;  gaps  jn  service  delivery  such  as  unavailabjljty  of  personal
assistance and  sign  language  interpretation  service;  discrimination  including
denial of reasonable accommodation; attitude, prejudice and stigma jn society;
programs, policies and laws infringing the rights of persons with disabilities as
recognized under the Convention on the Rights of Persons with Disabilities;
d)      Reasonable accommodation means necessary and appropriate modification
and  adjustments  not  imposing  a  disproportionate  or  undue  burden,  where
needed   in   a   particular  case,   to   ensure   to   persons  with   disabilities   the
enj.oyment or exercise on an equal basis with others of all human rights and
fundamental freedoms;
e)      Progressive realization means undertaking measures to the maximum of its
available resources and, where needed, within the framework of international
cooperation, with a view to achieving progressively the full realization of these
rights, without prejudice to those obligations contained  in the CRPD that are
immediately applicable according to international law;
f)       Disability  Assessment  and  Determination  means  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.
g)      Auxiliary Aids and services shall be those referred under Republic Act No.
7277


h)      Personal assistance refers to all forms of live assistance and intermediaries,
including  guides,   readers  and   professional  sign  language  interpreters,  to
facilitate accessibility to buildings and other facilities open to the public.
i)        Registered  pwDs   shall  refer to any individuals who are duly registered  in
their respective localities as PWDs.
SECTION  4.  Coverage.  - All  persons with disabilities,  duly certified  as such  under the
disability  assessment  and   determination   system  that  is   based   on   a   human   rights
approach, shall be covered by the provisions of this Act,
ln line with the progressive realization principle, the priority will 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 low level of income and as well as persons
with   disabilities   who   face   disability-related   costs   which   negatively   affect   adequate
standard of living.
SECTION 5. Disability Support AIlowance Program. -A Disability Support Allowance
Program shall be established under the Department of Social Welfare and Development
(DSWD), in consultation with the National Council on Disability Affairs and representative
organizations of persons with disabilities. The Disability Support Allowance Program aims
to  cover  disability  related  cost  of  an  individual  according  to  what  person  decides  as
immediate   need,   such   as   but   not   limited   to   transportation   allowance,    nutrition,
maintenance  medicines,  rehabilitation  services,  temporary  human  assistance,  among
Others.
For working age adults who are unemployed,  it will provide a basic income security and
will help cover disability related costs for finding and keeping work.
The  initial  amount  of  Two  Thousand  Pesos  (Php  2,000.00)  a  month  per  individual
beneficiary is set for the disability support allowance, which will be indexed to inflation to
preserve its impact on the standards of living and participation of people with disabilities.
SECTION
phases:
6.  Progressive  Rollout.  -  The  Program  shall  be  implemented  in  three  (3)
a) Phase  1  -  The  initial  phase  of the  Disability  Support AIlowance  Program,  to  be
implemented within three (3) years, shall prioritize provision of stipends to:
i.          Chi[drenwith disabilities;
ii.       Adults  with  significant  disabilities  who  are  facing  the  highest  barriers  and
disability-related costs;
iii.       Persons with disabilities who are recipients of social protection and economic
empowerment  programs  such  as  but  not  limited  to  the  Panfawi.d  Pain/./ya
P/.//.p/'no Program (4Ps) and 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  registered  persons with  disabilities in  low income or no
income bracket.
c) Phase 3 -The third phase of the Program, to be implemented in the next three (3)
years,  shall  include  all  employed  registered  persons  with  disabilities  who  incur
additional disability-related cost.
SECTION 7. E[igibi[ity. -Eligibility to the disability support allowance shall be determined
using   a   Human   Rights   Approach-based   Disability  Assessment   and   Determination
Scheme,  which  shall  be  developed  by  the  DSWD,  in  consultation  with  the  National
Council   on   Disability   Affairs   and   representatives   of  organizations   of  persons  with
disabilities,  parents of children,  youth  and  adults with  intellectual  disabilities and  those
whohavenocapacitytodecideforthemselves,withtheguidanceofDepartmentofHealth
and World Health Organization experts on disability inclusion.
SECTION  8.  Disability  Data  Management  System.  -  To  effectively  implement  the
program,  a  Disability Data Management System shall  be developed and shall  be linked
to a Community-Based Monitoring System (CBMS).
SECTION  9.  Policy  on  Disabjlify  Identification  Cards.  -  The  Disability  Identification
Cards, issued pursuant to Republic Act No. 7277, otherwise known as 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 allowance to eligible persons with disabilities.
SECTION 10. Penal Provisions. -The penalties shall apply to the following:
a) Any  person  who  through  fraud  or  misrepresentation  applies  for,  or  aids  in  the
application for benefits under this law without being a qualified person with disability
entitled thereto shall suffer the following penalties:
i.     For the first violation, a fine of not less than Twenty-Five Thousand pesos (Php
25,000.00) but not exceeding Fifty Thousand Pesos (Php 50,000.00); and
ii.    For any subsequentviolation, a fine of not less than Fifty Thousand pesos (Php
50,000.00)    but    not   exceeding    One    Hundred    Thousand    Pesos    (Php
100,000.00).
b) Any  person  violating  any  provision  of  this  Act  and  its  implementing  rules  and
regulations,  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).
SECTION 11. Appropriations. -The amount necessary for the implementation of the Act
shall be included in the annual General Appropriations of the year following its enactment
into law and thereafter. The initial amount of which shall be determined by the Department
of Social  Welfare  and  Development  (DSWD),  the  National  Council  of Disability Affairs


(NCDA),  and  representatives from  other major stakeholders  including  organizations  of
persons  with  disabilities.  The  allocated  budget for  the  first  year  of  its  operation  shall
gradually increase in view of progressive realization.
SECTION 12. Implementing Rules and Regulations. -Within one hundred and twenty
(120)  days  from  the  effectivity  of  this  Act,   the   Department  of  Social  Welfare  and
Development, in consultation with the National Council on Disability Affairs,  Department
of Interior and  Local  Government,  Department of Health,  Philjppjne Statistics Authority,
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 provisions of this Act.
SECTION   13.   Report   to   Congress.   -   The   Department   of   Social   Welfare   and
Development and  National  Council on  Disability Affairs shall  submit an  annual  report to
Congress about the status of the implementation of this Act for purposes of review and
recommendation of additional measures necessary for the attainment of the objectives of
this Act.
SECTION  14.  Separability  clause.  -  lf,  for  any  reason,  any  provision  of this  Act  is
declared unconstitutional or invalid, parts or provisions of this Act which are not affected
shall continue to be in full force and effect.
SECTION  15.  Nan-Impairment clause.  -Nothing  in this Act shall  be construed  as to
diminish,    impair,    or    repeal    rights    recognized,    granted,    or    made    available    to
disadvantaged, marginalized, or specific sectors under existing laws.
SECTION  16.  Repealing  Clause.  -All  laws,  executive  orders,  presidential  decrees,
lmplementing  Rules  and  Regulations  inconsistent with  this Act are  hereby repealed  or
modified accordingly.
SECTION 17. Effectivity. -This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) national newspapers of general circulation.
Approved,