Even you who have an extensive disability have the right to live an independent life. This is evident from the Act on support and service for certain disabled people, LSS. This means that you must be able to work, study and participate in society on the same terms as everyone else. Here are answers to some common questions about your right to personal assistance.
Who can receive personal assistance?
Personal assistance is governed by the law and is therefore a right you have, provided you meet certain criteria. The law applies to anyone who needs help with basic needs such as personal hygiene, dressing and undressing, communication, meals or other things that require in-depth knowledge of you as a user. According to LSS, you need to belong to a so-called circle of people, i.e. a group of people according to certain assessment criteria. There are three different circles of people
The first circle of people includes you who have a developmental disability, autism or an autism-like condition.
The second includes you as a user who has a significant and permanent intellectual disability after a brain injury that occurred in adulthood as a result of external violence or illness.
The third group of people is defined as people with other permanent and major physical or mental impairments that are not due to normal aging, but which cause difficulties in everyday life.
What is the difference between LSS and SFB?
LSS stands for the Act on support and service for certain disabled persons. Both LSS and SFB are terms that are often used in personal assistance, and sometimes it can be confusing. But really, it’s quite simple. If your need falls below 20 hours a week, the municipality must be able to grant you assistance according to LSS. If more than 20 hours a week are required, contact the Social Insurance Agency to have your assistance granted in accordance with the Social Insurance Code, SFB. It can therefore be said that it is the municipality that has the basic responsibility for the personal assistance. They are also responsible for temporarily increased assistance needs in the event of, for example, temporarily increased needs or when assistants are absent due to illness, even when you have assistance compensation according to SFB.
Interventions other than personal assistance
As a user, you can receive various types of support, help and service according to the LSS. This may apply to counseling and personal support, personal assistance or financial support for the assistance. You can get companion service, replacement service in the home, contact person or help with short-term stays outside the home. You may also need accommodation in family homes or accommodation with special services for adults or children and young people who need to live outside the parental home. Different interventions suit different people and it is important to get the right guidance for what suits you. With personal assistance, you choose how you want to organize the assistance, either through a municipality, private company, a cooperative or on your own. Under your own auspices, you run the assistance yourself and have full decision-making rights. All options have pros and cons and you choose what suits you and your everyday life best. Are you curious to know more about assistance on your own? Read more here!
How much does personal assistance cost?
Your assistant economy depends on how many hours you need it, how much your assistants earn per hour, and what times of the day they work. You also have assistance overheads, which refer to increased costs for your assistants. It is important to know that personal assistance does not cost you anything, but is fully financed by the municipality or the Social Insurance Agency.
How do I get personal assistance?
In order to be entitled to personal assistance, certain criteria must be met. If you think you may be entitled to assistance, you need to make an application either to the municipality and/or to the Social Insurance Agency. It is important to consider when you are looking for personal assistance is to have a good lawyer who can push through the application, because there are many laws and regulations to keep track of. Once you have applied, your case manager at the respective authority will investigate whether you are entitled to personal assistance. If you have it, they also investigate how many hours you need, that is, they ask you how your situation looks and what you think. Sometimes even your relatives can tell you what they think and act as support. A certificate from a therapist, physiotherapist, doctor may also be required here.
Can I appeal the decision?
Yes, if you are not satisfied with the hours you have been approved for assistance or otherwise, you can appeal the decision. Then you request that the decision be reconsidered by the authority. Here, it is important to be careful to explain why you consider the decision to be incorrect and to have a basis for it. Should you still not be satisfied, there is the possibility of appealing to the Administrative Court, and the final decision is then taken in court.