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February 2, 2022
Republic of the Philippines DATE February 2,2022
HOUSE OF REPRESENTATIVES TNE 3:20 pm *
Queson City hy

EIGHTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 10742

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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

Persons with disabilities represent at least 12% of the Philippine adult population,
according to the 2016 National Disability Prevalence Survey. Disabilities often come with
challenges to accessing education, health care and economic opportunities.

The bill proposes to establish the Disability Support Allowance Program under the
Department of Social Welfare and Development. The program shall be implemented in
three (3) phases, with the First Phase giving priority to children and adults with
disabilities encountering the most severe barriers and disability-related costs. Phase
Two shall include those who have either no income or low level of Income, and Phase
Three shalll begin to progressively include all persons with disabilities.

In view of the foregoing, the early passage of this bill is earnestly sought.

Luis iar “LRAY” F. VILLAFUERTE, JR.

ZREP RESON

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Third Regular Session

HOUSE BILL No.10742

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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:

CHAPTER I
TITLE AND DECLARATION OF POLICY

Sec. 1. Short Title. — This Act shall be known as the "Disability Support Allowance for
Persons with Disabilities Act”

Sec. 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 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 form 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.


Sec. 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, persons who are blind, person with low vision, person with hard of
hearing, deaf, person with rare diseases, and all other persons 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 hinder 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 filed, 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 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;

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 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;

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,

Sec. 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 cither 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.

Sec. 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 regular stipend
to persons with disabilities based on the eligibility criteria of 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 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 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.

c) 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.

Sec. 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 eligibility 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.

Sec. 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 with the PhilHealth Database System shall also be done to provide real-time
disability data and subsidized enrolment to PhilHealth insurance.

Sec. 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.

Sec. 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 (Php
25,000.00) but not exceeding Fifty thousand pesos (Php 50,000.00); and

ii, For any subsequent violation, 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).

Sec. 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

Sec. 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,

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 15. Repealing Clause. — All laws, executive orders, presidential decrees.
Implementing Rules and Regulations inconsistent with this Act are hereby repealed or
modified accordingly.

Sec. 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,