Bill 395.

Summary.

The bill amends Article 1 of Law 39 of 2012 to define the Special Guardian Angel Program as a measure for people with severe disabilities who are dependent and living in poverty. Its aims include the enjoyment of human rights and fundamental freedoms, respect for dignity, and access to comprehensive development through social policies. By amending Article 2, it sets out purposes that include improving quality of life, seeking other structural support, promoting family and community integration, preventing discrimination, and facilitating access to social policies. It links these purposes to the rights recognized by the Political Constitution of the Republic and by law, and to policies based on equal opportunity, dignity and individual autonomy. Article 3 adds a definition of poverty based on a sustained lack of resources, capabilities, opportunities, security and power.

The Ministry of Social Development (Ministerio de Desarrollo Social), in collaboration with the National Disability Secretariat (Secretaría Nacional de Discapacidad), would establish coordination strategies with public and private institutions to provide comprehensive services. The Program would provide a monthly subsidy of 120 balboas (B/.120.00), through various payment methods and on the payment schedule set by the Ministry of Social Development, via the beneficiary’s father, mother, guardian or legal representative. Admission would require being Panamanian or the child of Panamanian parents, having a severe disability and being dependent, living in poverty, completing an enrollment survey, and providing proof of identity and disability. The survey would allow a fingerprint and a signature made at the applicant’s request, where appropriate. Direct beneficiaries of the Social Welfare Fund (Fondo de Bienestar Social) would be transferred to the Program if they meet the requirements.

Beneficiaries could receive other financial support with different purposes, coordinated by the National Disability Secretariat. The Ministry of Social Development and the Government Innovation Authority (Autoridad de Innovación Gubernamental) would implement an accessible, secure platform for submitting digital applications and tracking their progress. A Single Beneficiary Registry (Registro Único de Beneficiarios) would hold beneficiary data, which would be cross-checked and updated every 6 months. Enrollment would also take place through a home visit by the technical team; if a household had 2 or more eligible people, each would be enrolled. A legal representative who provided false information to obtain benefits for themselves would lose that status, be replaced by the second option listed on the form, and be reported to the competent authorities.

The bill creates a special fund to finance the Program in full, changes the title of Law 39 of 2012, and provides for community boards in hard-to-reach townships to receive applications free of charge and forward them to the Ministry of Social Development. It would affect those boards, the National Disability Secretariat, the Government Innovation Authority, people with severe disabilities and their families, and institutions that provide social support.