Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of




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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

24 July 2012 [shall come into force on 27 July 2012].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

Republic of Latvia
Cabinet

Regulation No 1209

Adopted 28 December 2010

Regulations Regarding the Criteria, Time Periods and Procedures for the Determination of Predictable Disability, Disability and the Loss of Ability to Work

Issued pursuant to

Section 4, Paragraph two

and Section 5, Paragraph two of the Disability Law

1. This Regulation prescribes:

1.1. the criteria for determination of predictable disability, disability and the loss of ability to work;

1.2. the time periods for determination of predictable disability, disability and the loss of ability to work; and

1.3. the procedures by which the State Medical Commission for the Assessment of Health Condition and Working Ability (hereinafter – Commission) shall conduct an expert-examination of predictable disability and disability (hereinafter – disability expert-examination) and determine the loss of ability to work.
2. In order to conduct a disability expert-examination, the person referred to in Section 7 of the Disability Law or his or her legal representative shall submit a submission to the Commission in person, in the form of an electronic document in accordance with the regulatory enactments regarding the drawing up of electronic documents or using e-services, or send by mail a submission with a request to conduct a disability expert-examination, as well as the following documents:

2.1. the referral by the family physician or the attending doctor to the Commission (Form No.088/u);

2.2. other personal medical documents, if the family physician or the attending doctor, or the person himself or herself is of an opinion that it is necessary for the disability expert-examination;

2.3. a draft individual rehabilitation plan for a person with predictable disability, which has been prepared by a family physician or attending doctor, if the person has been referred for a predictable disability expert-examination;

2.4. the part of the individual rehabilitation plan form for a person with disability, in which the family physician or attending doctor shall enter the recommended further treatment and, where necessary, the medical rehabilitation services, indicating the types, time periods and method of receipt thereof, if the person has been referred for a disability expert-examination.

[24 July 2012]
2.1 The documents referred to in Sub-paragraphs 2.1, 2.2, 2.3 and 2.4 of this Regulation may be sent to the Commission also by the family physician or attending doctor of the person, informing the person thereof, including in the form of electronic documents in accordance with the regulatory enactments regarding the drawing up of electronic documents, or using e-services.

[24 July 2012]
2.2 When using e-services, a submission and documents shall be submitted to the website www.latvija.lv. A secure electronic signature or the means of authentication of the electronic settlement system of a credit institution shall be used for authentication and for certification of the veracity of the information provided.

[24 July 2012]
3. The Commission has the right to request that the family physician or attending doctor submits other necessary medical documents.
4. Prior to a disability expert-examination, the relevant person and his or her legal representative shall present a personal identification document to the Commission.
5. The family physician or attending doctor shall refer the person for the conducting of a disability expert-examination and for the determination of the percentage amount of the loss of the ability to work:

5.1. for a predictable disability expert-examination:

5.1.1. an employed person – concurrently with the referral for extending a sick-leave certificate during temporary sick-leave;

5.1.2. an unemployed person – if he or she has continuously undergone medical treatment for at least the previous six months and it is confirmed by medical documents;

5.2. for a first-time disability expert-examination:

5.2.1. an employed person – concurrently with the referral for extending a sick-leave certificate during temporary sick-leave or following the extension of a sick-leave certificate;

5.2.2. an unemployed person – if he or she has continuously undergone medical treatment for at least the previous six months and it is confirmed by medical documents;

5.2.3. an employed or unemployed person with a severe, prognostically unfavourable disease or with stable consequences of a disease or trauma, which have been justified by a physician with the relevant speciality, regardless of the duration of medical treatment;

5.3. for a repeat disability expert-examination:

5.3.1. upon expiry of the time period of disability;

5.3.2. regardless of the time period, if the health condition of the person has significantly changed.

[24 July 2012]
6. The Commission may conduct a disability expert-examination and the determination of the percentage amount of the loss of ability to work:

6.1. in the absence of the person, if there is sufficient medical information and other type of information at the disposal of the expert physician of the Commission, which is necessary for the assessment of the functioning limitation of the person, notifying the person or his or her legal representative accordingly beforehand;

6.2. in the presence of the person:

6.2.1. in the work premises of the Commission;

6.2.2. in the place of residence of the person, at a medical treatment institution, at a long-term care and social rehabilitation institution or place of imprisonment, if due to the health condition of the person in accordance with the opinion of the attending doctor the person is not able to arrive at the work premises of the Commission or is imprisoned.
7. The expert physician shall assess the medical documentation referred to in Sub-paragraphs 2.1 and 2.2 of this Regulation, perform an independent assessment of the functioning limitation of the person, as well as the conformity thereof with the criteria for determination of benefits and services, compile an expert-examination statement with proposals regarding the percentage amount of the predictable disability or disability, or the loss of ability to work, the causes thereof and the possible time periods. On the basis of the referred to expert-examination statement, an official of the Commission shall take a relevant decision:

7.1. determine the predictable disability in accordance with the criteria referred to in Annex 1 to this Regulation, as well as the cause thereof;

7.2. determine the disability, as well as the cause and time period of the disability:

7.2.1. for a person under the age of 18 years (hereinafter – a person until the age of 18 years), in accordance with the criteria referred to in Annex 2 to this Regulation;

7.2.2. for a person from the age of 18 years in accordance with the criteria referred to in Annex 3 to this Regulation;

7.3. in accordance with the regulatory enactments regarding the reimbursement of damages to a person who has suffered an accident at work, or as a result of the works of the rectification of the consequences of the accident at the Chernobyl Atomic Power Plant or who is suffering from occupational diseases, determine the percentage amount of the loss of ability to work in accordance with the criteria referred to in Annex 3 to this Regulation. If there are several causes for the functioning limitation of the person, the loss of the ability to work in respect of each cause shall be determined separately;

7.4. in accordance with the regulatory enactments regarding the granting of State benefits and social benefits, determine the medical indications for the receipt of services and benefits and provide the relevant opinions and recommendations;

7.5. shall not determine disability, predictable disability or the percentage amount of the loss of ability to work, if the level of the functioning limitation of the person does not conform to the relevant criteria.



[24 July 2012]
8. An official of the Commission shall determine the cause of disability for a person with disability:

8.1. a disease – if the disability is determined in relation to physical or mental health disorders;

8.2. disability from childhood – if the disability is determined in relation to physical or mental health disorders (on the basis of the documents certifying the status of a disabled child or the relevant medical documents), due to which the person has been a disabled child, or if there is reason to believe that he or she could have been recognised as a disabled child;

8.3. an accident at work – on the basis of act which has been issued in accordance with the regulatory enactments regarding the procedures for the investigation and recording of accidents at work;

8.4. occupational disease – on the basis of an opinion of the medical commission of the Occupational and Radiation Medicine Centre of the State limited liability company “Pauls Stradins University Clinical Hospital”;

8.5. a disease related to the rectification of the consequences of the accident at the Chernobyl Atomic Power Plant or to being located in the accident zone of the Chernobyl Atomic Power Plant – on the basis of an opinion of the medical commission of the Occupational and Radiation Medicine Centre of the State limited liability company “Pauls Stradins University Clinical Hospital”;

8.6. a disease or disfigurement related to the participation by the person in the rectification of the consequences caused by such force majeure, unexpected event or exceptional circumstance, which endangered or could have endangered public safety or order – on the basis of a statement issued by a medical treatment institution regarding a disease or trauma and a statement issued by a law enforcement institution regarding the participation in the rectification of the consequences;

8.7. an injury (disfigurement, contusion), which has been contracted while fulfilling the duties of military service, or a disease acquired during the period of military service while fulfilling the duties of military service – on the basis of the decision of the expert commission of the Central Medical Expert-examination Commission of the National Armed Forces;

8.8. a disease or injury, which has been contracted during service in foreign armed forces while fulfilling service duties – on the basis of the original medical documents or their derivatives at the disposal of the person, which have been certified in accordance with the procedures specified in the regulatory enactments regarding the legalisation of public documents;

8.9. an injury or health disorder which is related to the participation of a civil expert in an international mission – on the basis of a statement issued by such institution regarding the participation of the person in an international mission, which sent the relevant civil expert, and a statement issued by a medical treatment institution regarding the injury, disfigurement, contusion or disease;

8.10. an injury (disfigurement, contusion) which is related to the fulfilment of work (service) duties under the employment of the State President, a Member of the Saeima, a member of the Cabinet, a Parliamentary Secretary, a civil servant or another person employed in a State institution, during an official travel in the region of international operations – on the basis of a statement issued by a medical treatment institution or a law enforcement institution regarding the injury (disfigurement, contusion).

[24 July 2012]
9. The disability and the percentage amount of the loss of ability to work, the medical indications for receipt of services and State benefits shall be determined for a specific period of time or without a repeat time period for a disability expert-examination (for life):

9.1. for a person until the age of 18 years:

9.1.1. for one, two or five years;

9.1.2. until the age of 18 years if the diseases referred to in Chapter 3 of Annex 2 to this Regulation are established to him or her;

9.2. for a person over the age of 18 years:

9.2.1. for six months, one, two or five years;

9.2.2. without a repeat time period for a disability expert-examination (for life), if he or she:

9.2.2.1. has had the anatomical defects referred to in Annex 4 to this Regulation established;

9.2.2.2. has stable and irreversible functioning limitations and the disability has been previously been determined continuously for not less than five years.

[24 July 2012]
10. An official of the Commission, on the basis of a disability expert-examination statement of a person, shall provide:

10.1. opinions:

10.1.1. regarding the medical indications for the acquisition of a specially adjusted car and the receipt of an allowance for the compensation of transport expenses in accordance with the criteria referred to in Annex 5 to this Regulation;

10.1.2. regarding the need for special care in relation to severe functional disorders – for a person until the age of 18 years in accordance with the criteria referred to in Chapter 2 of Annex 2 to this Regulation;

10.1.3. regarding the need for special care – for a person over the age of 18 years in accordance with the criteria referred to in Annex 6 to this Regulation;

10.1.4. regarding exemptions for the commencement of the naturalisation procedure for the acquisition of Latvian citizenship;

10.1.5. regarding the extension of a sick-leave certificate during transitional sick-leave period which continues for more than 26 weeks but not longer than 52 weeks;

10.2. recommendations:

10.2.1. for the receipt of professional rehabilitation services in accordance with the criteria referred to in Annex 7 to this Regulation, re-qualification or the acquisition of another profession, determining the time periods;

10.2.2. for the need for the use of technical ancillary aids;

10.2.3. for the receipt of services of a psychologist for a person until the age of 18 years, whose disability has been determined for the first time and who lives in a family, as well as his or her legal representative;

10.2.4. for inclusion of social and professional rehabilitation services into an individual rehabilitation plan for a person with predictable disability;

10.2.5. for other measures in order to reduce the consequences caused by disability, which are to be included into the individual rehabilitation plan for a person with disability.
11. The Commission shall issue the decision and opinion to the person his or her legal representative in person or notify in accordance with the Notification Law.
12. If a disability expert-examination is being conducted in accordance with Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems:

12.1. the State Social Insurance Agency (hereinafter – Agency) shall submit to the Commission Form E213 “EEC Detailed Medical Report” (hereinafter – report) received from the competent authority of a foreign country;

12.2. the Commission shall assess the information provided in the report and determine the disability in accordance with the criteria referred to in Annex 3 to this Regulation. The time period of disability shall be determined in compliance with an entry in the report;

12.3. the Commission shall send the particulars regarding the determined disability to the Agency.



[24 July 2012]
13. Until 31 December 2012 the Commission shall conduct a first-time disability expert-examination for persons upon reaching the age necessary for granting of the State old-age pension or disability shall be determined only if the physical or mental ability limitation is not related to objective changes in the organism caused by age.
14. This Regulation shall apply as of 1 January 2011.

Prime Minister, Minister for Regional Development and

Local Government Matters V. Dombrovskis
Minister for Welfare I. Jurševska

Translation © 2013 Valsts valodas centrs (State Language Centre)




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