The National government made official this Friday the “effective access to social security resources for all children and adolescents in respect of which an exceptional protection measure has been adopted and remains in residential care facilities, publicly or privately managed“, or in family institutions.
This Thursday, President Alberto Fernández had made the announcement of this benefit in an act that he led in the city of Mar del Plata. Now, the measure was made official by publication in this Friday’s edition of the Official Gazette of Decree 5/2023.
The norm bears the signature of the head of state; the Chief of Staff, Juan Manzur; the Minister of Social Development, Victoria Tolosa Paz; and his peer from Environment and Sustainable Development, Juan Cabandié.
Provide for effective access to social security resources for all boys, girls and adolescents in respect of whom an exceptional protection measure has been adopted and remains in residential care facilities, publicly or privately managed, or in family care arrangements”, points out the first article of the decree.
In the act of presenting the measure, Alberto Fernández had affirmed that “boys and girls must be treated as subjects of law.”
The details of the standard
The decree establishes “the monthly payment of an amount equivalent to 100% of the general value of the Universal Child Allowance for Social Protection for children and adolescents up to and including 17 years of age, or 100% of the Universal Allowance for Children with disabilities, if they have a current Single Disability Certificate, provided that a measure has been adopted of exceptional protection regarding them and them, and they remain in residential care facilities, public or private management, or in family care facilities”.
Meanwhile, the National Social Security Administration (Anses) will request the Financial Entities with which it has current payment agreements to open a bank account for the deposit of the benefit and the National Secretariat for Children, Adolescents and Family of the Ministry of Social Development will sign bilateral agreements with the 24 jurisdictions of the country, in which it will establish the information exchange modality and the corresponding administrative procedure.
Meanwhile, “on receipt of the request provided for in the previous article, the Anses will suspend the payment of the assignment to whoever was making it,” the text adds.
In cases of boys and girls up to and including 12 years of age, the bank account will be in the name of a designated referent or a referent designated by the competent local administrative body, who will be the only person authorized to manage and dispose of the funds.
As of 13 years of age, “if the local competent administrative body considers that the adolescent has a sufficient degree of maturity to receive and administer the corresponding allowance by himself or herself, the payment will be made. in their name” and “preferably, the person designated for the administration and disposition of the funds will be an affective reference or an affective reference of the child or adolescent”.
On the other hand, “if the adolescent is included in the Accompaniment Program for the Discharge of Adolescents and Youth without Parental Care, according to Law No. 27,364 and its Regulatory Decree No. 1050/18, the The reference for the opening and administration of the bank account will be the same person who fulfills the role of companion within the framework of the aforementioned Program,” the decree clarifies.
Furthermore, “the referent designated as the holder of the bank account will be treated as the person acting on behalf of the child” and “may be appointed regardless of their employment or social security status” as long as “the status of holder of the bank account It will not have effects of a tax nature.
It also establishes that “the designated referent may not be the representative of more than ten minors” and “by virtue of the principle of progressive autonomy, according to the age of the child or adolescent and their degree of maturity, the designated referent must take into account their opinion regarding the destination of the funds”.
It is clarified that, “in no case, the funds contemplated in article 2 of this measure may be applied to items that, by legal rule, must be covered by the residential or family care device” and it is noted that, ” preferably, they will be applied for the promotion of the right to education, to play, to sports, to art, to cultural access, to technology, to cultural and recreational activities and consumption”.
