Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC replied:
Clause 2, Article 51 of the 2010 Law on Persons with Disabilities stipulates the application of the law as follows: Persons with disabilities who are entitled to many support policies for social protection subjects of the same type are only entitled to the highest support policy.
Clause 5, Clause 6, Article 5 of Decree No. 20/2021/ND-CP stipulating social assistance policies for social protection beneficiaries stipulates social protection beneficiaries receiving monthly social allowances as follows:
5. Elderly people falling into one of the following cases:
a) Elderly people who are poor households and have no one with the obligation and right to support them, or have someone with the obligation and right to support them but this person is receiving monthly social allowance;
b) Elderly people from 75 to 80 years old who are poor or near-poor households and are not subject to the provisions of Point a of this Clause and are living in communes and villages in ethnic minority and mountainous areas with special difficulties;
c) People aged 80 years or older who are not subject to the provisions of Point a of this Clause and do not have pension, monthly social insurance allowance, or monthly social allowance;
d) Elderly people from poor households, without anyone with the obligation and right to support them, without conditions to live in the community, eligible for admission to social assistance facilities but have someone to raise and care for them in the community.
6. People with severe disabilities and people with especially severe disabilities according to the law on people with disabilities.
Thus, people with disabilities who are eligible for many social protection assistance policies of the same type are only eligible for the highest assistance policy according to the above regulations.
Legal advice
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