GEORGIA

General section on Independent Living

1.1. Overall implementation of Article 19

Implementation of this article is found to be inadequate.

1.2. Choice of living arrangements

Disabled people cannot freely choose their living arrangement. There are still segregated settings (social care institutions, psychiatric hospitals, group homes and other) for disabled adults (incl. older people with disabilities) and children.

1.3. Deinstitutionalisation strategy

The country does not have a deinstitutionalisation strategy, but progress has been made in the last 5 years on this issue.

Respondents stated they were not aware of funds provided by the EU being used for renovation or building of new institutions for disabled people in Georgia.

1.4. Access to mainstream services

Access to mainstream services is adequate in regards to education (primary, secondary and tertiary), as well as culture. Access to housing is inadequate, while access to health care, public transport and employment in the open labour market require improvement. There is a law protecting disabled people from discrimination in the labour market, but its implementation requires improvement.

1.5. Access to personal assistance

Georgia has a personal assistance system in place to help facilitate inclusion of disabled individuals in the community. The details of the PA system are provided below.

General information about the PA scheme/policy

2.1. Personal assistance scheme: general information and corresponding legislation

Access to PA in Georgia, in general, requires improvement.

The scheme is delivered as a pilot project, which started on 1st January 2020. It is available at local level and is codified in a separate national law. If disabled people in rural or remote areas have access to the scheme depends on the region, while those living in residential care settings do not have access. There are restrictions on what PA can be used for, which is reflected in a pre-defined list of tasks assistants can perform. There is a waiting list to access PA in the country, but the number of PA users has increased in the last 5 years. There have also been positive changes in regards to the legislation/policy that affects access to PA, in the same time period.

2.2. Funding of Personal Assistance

In Georgia the PA scheme is funded by regional or local authorities, out of regional or local budgets. It is paid through direct payments, such as personal budgets. The funding allows users to employ assistance from the open labour market and hire services not directly related to personal care. The PA budget is generally sufficient to cover the users' needs in practice.

The scheme is limited by a cost ceiling per user and users whose support needs exceed it are being directed towards residential care (for example, social care institutions, group homes, nursing homes etc.).

The PA funding covers additional employment costs, such as employer’s contributions, payroll work and other administrative costs, additional costs for the assistants, such as tickets for events, travel, accommodation and food, as well as additional training costs, such as personal assistance training for the users and assistants.

Receiving personal assistance restricts the users’ eligibility for other benefits, support and/or services.

Family members cannot be formally employed or paid as PAs.

No research has been carried out on the costs of PA in the county.

2.3. Eligibility and needs assessment procedures

Persons of working age (18-65) with psycho-social disabilities, physical, cognitive or sensory impairments, are eligible for PA in Georgia.

Access to the PA scheme requires medical certification of the applicant as a prerequisite for applying. The scheme is provided irrespective of individual or family income, family (including marital) situation, of the applicant’s level of social activity, including involvement in paid work and/or education and/or volunteering, as well as their insurance status. The scheme is also available to refugees and asylum seekers.

The eligibility assessment is led by the user (through self-assessment), possibly aided by peers and professionals. The needs assessment is also led by the user, possibly aided by peers. The support a person receives is based on the assessment of their needs. It is unclear if applicants have access to adequate information and peer support prior and during the assessments. The assessors do not receive any training on the Independent Living Philosophy or the social model of disability. The assessment is conducted in the form of an open-ended interview or dialogue.

The assessment is permanent and does not change over time. It covers the needs for assistance in all areas of life, including family, intimacy education, employment and leisure to a certain extent.

Following their assessments, the applicants are ranked through a point-based system and only those over a certain cut-off line receive assistance. The number of assistance hours per user is limited. A disabled person can appeal (file a complaint against) the outcome of their procedures. It is unclear if the procedure is considered effective, straightforward and transparent. It entails additional costs for the user. Legal aid or other types of support during the process are available.

2.4. Characteristics of PA provision and recruitment

Personal assistance users cannot freely choose who provides their PA. It can be provided by the municipality/local authority or non-governmental organisations, incl. disabled people’s organisations (DPOs). Assistants are not selected or hired by a disabled person, but are instead appointed by the provider. The users can employ more than one assistant, but this depends on the funding available. They cannot keep their assistance when moving within the country or when moving to another country. The quality of provision is not monitored either.

Users are not provided with training how to manage their PA. Supported decision making is available for those who need it to manage their assistance, and so is peer support. People with cognitive impairments are not allowed to manage their own assistance.

2.5. Working conditions of assistants

In Georgia, the assistants work fixed hours and days. The users also have a fixed number of PA hours per day or week. The provision of assistance is bound to a setting, so PA can only be provided, for example, at home, school or work. The users do not need to account for their use of assistance. Contingency arrangements, if assistants become unavailable, are also available.

Personal assistance is not recognised as a profession, and no specific qualifications are necessary for people to work as PAs. Personal assistants can receive training on providing assistance if it is paid for by the user. The training is provided by NGOs and it is not mandatory.

The wages of personal assistants are low, so family members often informally work as PAs.