Republic af the Philippines
House of Representatives
Quezon Gity, Alefeo Manila

EIGHTEENTH CONGRESS
Second Regular Session

8220
House Bill No.

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
PROVIDING FOR THE UNIVERSAL DISABILITY SUPPORT ALLOWANCE
FOR PERSONS WITH DISABILITIES, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

In the Philippines, persons with disabilities (PWDs) represent at least
12% of the adult population and face significant barriers in accessing
education and health care, community and citizenship participation, and
seizing economic opportunities!, As a result, half of them are out of work
and those who work are less likely to have formal employment and are more
likely to be poor?, to have finished only primary education or none at all,
and to not receive the health care they need.?

In overcoming these barriers, persons with disabilities and their
families face 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.

* National Disability Prevalence Survey (NOPS) 2016. Philippine Statistics Authority

* Philippine Institute for Development Studies, Yap, Reyes, Tabuga et al; Mitra, S., Posarac, A. and Vick, B.,
2011. Disability and poverty in developing countries: A snapshot from the World Health Survey. World Bank, P
188

* Ibid, NDPS 2016

“National Council on Disability Affairs, 2016 An Analysis of Government Support and Disability-Related Costs in
Eastern Samar and Rizal Provinces,


In addition, due to the lack of support services, most of those
requiring personal assistance have to rely on family members who have to
reduce or stop working to provide such support. 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.

In the last decades, successive governments have adopted a set of
measures to support persons with disabilities such as the 20% disability
discount or the mandatory and subsidized PhilHealth membership. While
those measures contribute to improve the socio-economic situation of some
persons with disabilities, they have significant limitation. While PhilHealth
is supposed to cover the healthcare needs of persons with disabilities,
barriers to actually accessing those services remain unaddressed. The
discount and tax exemptions are beneficial for persons with disabilities with
already a certain level of income and purchasing power, and mostly in urban
areas where there are establishments that can fulfil official requirements.
Moreover, while the 4Ps program covers few of the households with persons
with disabilities, it does not include any specific measure to support them in
addressing disability-related costs. In other words, there are still major gaps
in coverage and adequacy which leave most persons with disabilities
unsupported.

Under current circumstances, the COVID-19 crisis has intensified the
economic vulnerabilities of PWDs and highlighted the limits of the current
social protection system to immediately respond to protect persons with
disabilities and their families from the socio-economic impact of the
pandemic®. While the vast majority has experienced loss of income and has
multiple needs, due to the limitation of the current social protection systems
and despite the government efforts to roll out new measures, most persons
with disabilities have not yet received any support’.

The urgency of the matter is of utmost importance. According to the
United Nations, the people’s capacity to manage and overcome shocks,
especially during the time of the COVID-19 pandemic, is enhanced when
comprehensive social protection systems are in place.® Such is the case of

* Barriers may include high cost of accessing the service such as the cost of transportation, proximity of point
of service, information and communication, including sign language interpretation

° UN Policy brief: A Disability-Inclusive Response to COVID-19

” Rapid survey conducted by Center for Disaster Preparedness Survey which gathered information from 4,385
household which included 5,961 persons with disabilities about impact of COVID quarantine and their needs
* Responding to COVID-19 and Recovering Better; United Nations Department of Economics and Social Affairs
{UNDESA); Policy Brief Series, 2020


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 existing measures and schemes for the PWD
community, this bill seeks to adopt and progressively roll out a monthly
universal disability support allowance of Two Thousand Pesos (PhP
2,000.00) that will effectively address some of the critical issues faced by the
PWDs. It will provide basic income support to families of children with
disabilities and persons with disabilities who are not in position to work.
The disability support allowance shall be compatible with employment, even
if, at a reduced rate, to cover the disability-related costs associated to
getting and keeping work and to prevent unwanted pressures on persons
with disabilities not to take up work for fear of losing the benefit. The
disability support allowance should be first for children and adults with
higher support needs and disability costs, and those who may face
significant barriers and lack of support for employment. It should be first
and foremost means-tested, to prioritize those who are most in need, and
shall be expanded depending on available fiscal space.

In view of the foregoing, the immediate passage of this bill is earnestly

sought.

‘FRED VARGAS

“All 4Ps cash card holders received emergency subsidy under SAP - DSWD “ https://pia.gov.ph/press-

releases/releases/1038171 (Accessed on 11 October 2020)


Republic of the Philippines
House of Representatives
Quezon City, Mieteo Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 8220

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
PROVIDING FOR THE UNIVERSAL DISABILITY SUPPORT ALLOWANCE
FOR PERSONS WITH DISABILITIES, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

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 Allowance 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 likewise vital that the State advances social justice in order to end
poverty in all its form, particularly the historical deprivation of the 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 the prosperity and
independence of the nation and free the people from poverty through policies
that provide adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all, appropriate
measures in developing social protection programs and allowances that
recognize the additional costs associated with disability shall be undertaken.

In pursuance to this end, social protection measures such as the grant of
disability support allowance shall be extended to persons with disabilities to


support their independent living.

SECTION 3. Definition of Terms. - For the purposes of this Act, these
terms are defined as follows:

a) Persons with Disabilities 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 in 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 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; non-adapted 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 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 enjoyment 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;

{) 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.

SECTION 4. Coverage. - All persons with disabilities, as certified under the
disability assessment and determination system that is based on a human
rights approach shall be covered by the provisions of this Act. In 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 extra costs which negatively affect adequate standard
of living.

SECTION 5. Disability Support Allowance Program. - There shall be
established a Disability Support Allowance Program under the Department
of Social Welfare and Development (DSWD), in consultation with the
National Council on Disability Affairs and a representative organization of
persons with disabilities, designed to serve as a social protection measure
and support the needs of persons with disabilities in their integration to
society. The Disability Support Allowance Program shall aim to provide a
regular stipend to persons with disabilities based on the eligibility criteria by
the DSWD.

The initial amount of Two Thousand Pesos (Php2,000.00) 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. This would contribute in
combination to existing social protection programs and discounts to address
higher cost of transportation, housing, nutrition, hygiene and temporary
human assistance requirements, among others. For working age adult 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 three (3) phases:

a.)Phase 1 - The initial phase of the Disability Support Allowance
Program, to be implemented within three (3) years, shall prioritize
provision of stipends to:

i, Children with 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 Pantawid Pamilya Pilipino 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 who have either no income or low level of income and as
well as persons with disabilities who face disability-related extra costs
which negatively affects adequate standard of living.

¢.) Phase 3 - The third phase of the Program, to be implemented after six
(6) years from the beginning of the implementation, shall endeavor to
progressively cover all persons with disabilities.

SECTION 6. Eligibility. - Eligibility to the disability support allowance will
be based solely on disability assessment and determination with a focus on
functional limitation support requirements and barriers to participation,
irrespective of income, work status or access to other social protection
benefits.

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 the disability support allowance will be compatible with
cligibility and benefits from different social protection and economic
empowerment programs such as but not limited to the Pantawid Pamilya
Pilipino Program (4Ps) and Social Pension for Indigent Senior Citizens, the
disability allowance acting as a top-up for subsidizing disability-related
extra costs.

Provided, That the DSWD, in consultation with the NCDA, may, in its
discretion, adopt additional bases to achieve the objectives of this Act.

SECTION 7. Disability Data Management System. - To effectively


implement social protection measures targeting persons with disabilities, a
Disability Data Management System shall be put up and shall be linked to
the Community-Based Management System (CBMS) which aid in the
development of poverty-reduction programs from local to national level.
Linkage to the National ID System, and the DOH Persons with Disability
Registry, which is mirrored to the PhilHealth Database System shall also be
done to provide real-time disability data and subsidized enrolment to
PhilHealth insurance.

SECTION 8. Policy on Disability Identification Cards. - The issuance of
Disability Identification Cards 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 9. 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 (Php25,000.00) but not exceeding Fifty
thousand pesos (Php50,000.00); and

ii, For any subsequent violation, a fine of not less than Fifty
thousand pesos (Php50,000.00) 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 (Php50,000.00) but not exceeding One Hundred
Thousand Pesos (Php100,000.00).

Section 10. 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 11. Implementing Rules and Regulations. - Within one
hundred and twenty (120) days from the affectivity 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, Philippine 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 12. Report to Congress. - The Department of Social Welfare and
Development and National Council on Disability Affairs shall annually
submit a report to Congress about 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.

SECTION 13. Separability Clause. - If, 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 14. Non-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 15. Repealing Clause. - All laws, executive orders, presidential
decrees, Implementing Rules and Regulations inconsistent with this Act are
hereby repealed or modified accordingly.

SECTION 16. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,