[ DSWD ADMINISTRATIVE ORDER NO. 12, November 05, 2010 ]
GUIDELINES FOR THE AVAILMENT OF FIFTY PERCENT (50%) DISCOUNT ON ELECTRICITY, WATER AND TELEPHONE CONSUMPTION OF SENIOR CITIZEN CENTERS, RESIDENTIAL, CARE FACILITIES AND GROUP HOMES FOR THE ELDERLY PER REPUBLIC ACT NO. 9994
A. RATIONALE:
One of the priorities of the government has been to work for the improvement of the plight of the senior citizens or the elderly in the country. This concern was further demonstrated with the enactment of the Republic Act No. 9994 also known as Expanded Senior Citizens Act of 2010 last February 15, 2010. Through this law, the elderly will be accorded more privileges that they deserve.
To ensure that the elderly, specifically the abandoned, neglected, unattached, or homeless senior citizens, will be cared for, privileges were also provided for the institutions that cater to their needs in the law. An augmentation on the funds for operations of the facilities such as the senior citizen centers, residential care facility or group homes were granted by means of a cut on the electricity, water and telephone bills or specifically, a 50% discount on the said bills.
It is in the above context that the Department was mandated to lead the implementation of Sec. 5 of RA 9994. For the smooth and instantaneous realization of the said provision, these guidelines are developed.
B. LEGAL BASES:
1. Republic Act No. 9994, otherwise known as Expanded Senior Citizens Act of 2010 , An Act Granting Additional Benefit and Privileges to Senior Citizens, Further Amending Republic Act No. 7432 of 1992 as Amended by Republic Act No. 9257 of 2003.
2. Rules and Regulation Implementing Republic Act No. 9257, otherwise known as An Act Granting Additional Benefits and Privileges to Senior Citizens. Amending for the Purpose of Republic Act No. 7432, otherwise known as An Act to Maximize the Contribution of Senior Citizens to National Building, Grant Benefits and Special Privileges and for other Purpose.
3. Republic Act 7876 otherwise known as An Act Establishing a Senior Citizens Center in All Cities and Municipalities of the Philippines, and Appropriating Funds Therefore or the Senior Citizens Center Act of the Philippines - this law provides for the establishment of Senior Citizen Center which require the Local Government Units the provision of administrative support and supervision and shall be administered, managed and operated by the Federation of Senior Citizens Association of the Philippines and other non-government organizations and DSWD shall provide technical assistance/supervision.
4. Republic Act No. 4373 amended by R.A. 5175 of 1965 - An Act to Regulate the Practice of Social Work and the Operation of Social Work Agencies in the Philippines and for other purposes
5. Executive Order 221 Series of 2003 (Amending Executive Order No. 15 series of 1998, entitled Redirecting the Functions and Operations of the Department of Social Welfare and Development)
C. COVERAGE AND APPLICABILITY
These guidelines apply to all accredited senior citizens centers, residential care facilities and/or group homes that are government-run or non-stock, non-profit domestic corporation organized and operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached, or homeless senior citizens.
D. Operational Definition of Terms:
E. OPERATIONAL GUIDELINES
1. Application. Qualified SWDAs who are wishing to avail of 50% discount on the electricity, water and telephone bills from the service providers shall apply in writing to the Director of the DSWD Field Office (FO) where the facility of the applicant is located. The application letter should be supported by documentary requirements as spelled out in Annex 1* and available at the DSWD FOs.
2. Assessment.
3. Granting of the Discount - Upon approval of the request, the USP shall inform the SWDA of the date of effectivity, copy furnished the concerned DSWD FO.
4. Validity and Grounds for Cancellation of the Discount - The discount shall be valid as long as the cited criteria in Section E.1 are being complied with. Consequently, the following are the grounds for the cancellation of the discount, to wit:
F. INSTITUTIONAL ARRANGEMENT
1. NATIONAL COORDINATING AND MONITORING BOARD (NCMB)
The board shall conduct a yearly assessment on the impact of the program on the SWDAs and their clients. Assessment would include the process of the implementation and the benefits of the program on SWDAs and their clients.
2. DSWD - STANDARDS BUREAU (SB)
Submit to NCMB a consolidated semestral report on the SWDAs availment of the 50% discount from the water, electricity and telephone bills every end of the succeeding month.
3. DSWD - FIELD OFFICE
4. SWDA
5. UTILITY SERVICE PROVIDER/S
The USPs must provide the DSWD-FO semestral report to be submitted every 2nd week of the start of the succeeding semester on the availment of the SWDAs of the privilege to include the amount of the discount awarded.
H. EFFECTIVITY
This Administrative Order shall take effect immediately.
Adopted: 05 November 2010
(SGD.) CORAZON JULIANO SOLIMAN
Secretary
* Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
One of the priorities of the government has been to work for the improvement of the plight of the senior citizens or the elderly in the country. This concern was further demonstrated with the enactment of the Republic Act No. 9994 also known as Expanded Senior Citizens Act of 2010 last February 15, 2010. Through this law, the elderly will be accorded more privileges that they deserve.
To ensure that the elderly, specifically the abandoned, neglected, unattached, or homeless senior citizens, will be cared for, privileges were also provided for the institutions that cater to their needs in the law. An augmentation on the funds for operations of the facilities such as the senior citizen centers, residential care facility or group homes were granted by means of a cut on the electricity, water and telephone bills or specifically, a 50% discount on the said bills.
It is in the above context that the Department was mandated to lead the implementation of Sec. 5 of RA 9994. For the smooth and instantaneous realization of the said provision, these guidelines are developed.
B. LEGAL BASES:
1. Republic Act No. 9994, otherwise known as Expanded Senior Citizens Act of 2010 , An Act Granting Additional Benefit and Privileges to Senior Citizens, Further Amending Republic Act No. 7432 of 1992 as Amended by Republic Act No. 9257 of 2003.
- Section 5 Social Services - at least fifty percent (50%) discount shall be granted on the consumption of electricity, water and telephone by the Senior Citizens Center and residential/group homes that are government-run or non- stock, non-profit domestic corporation organized and operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached or homeless senior citizens, subject to the guidelines formulated by the DSWD.
2. Rules and Regulation Implementing Republic Act No. 9257, otherwise known as An Act Granting Additional Benefits and Privileges to Senior Citizens. Amending for the Purpose of Republic Act No. 7432, otherwise known as An Act to Maximize the Contribution of Senior Citizens to National Building, Grant Benefits and Special Privileges and for other Purpose.
- Section 9 Support for Non-Government Organization (NGOs) - Non- governmental organizations or private volunteer organizations, dedicated to the promotion, enhancement and support for the welfare of senior citizens are hereby encouraged to become partners of government in the implementation of programs and projects from the elderly .
3. Republic Act 7876 otherwise known as An Act Establishing a Senior Citizens Center in All Cities and Municipalities of the Philippines, and Appropriating Funds Therefore or the Senior Citizens Center Act of the Philippines - this law provides for the establishment of Senior Citizen Center which require the Local Government Units the provision of administrative support and supervision and shall be administered, managed and operated by the Federation of Senior Citizens Association of the Philippines and other non-government organizations and DSWD shall provide technical assistance/supervision.
4. Republic Act No. 4373 amended by R.A. 5175 of 1965 - An Act to Regulate the Practice of Social Work and the Operation of Social Work Agencies in the Philippines and for other purposes
a. Article IV, Section 23. - No social work agency as defined herein shall operate and be accredited as such unless it shall first have registered with the Social Welfare Administration (now (DSWD) which shall then issue the corresponding registration certificate.
b. Article IV, Section 25 - The Certificate of Registration issued to any social work agency may be revoked if after due investigation, Social Welfare Administration (now the DSWD) finds that it has failed to perform the function of social work agency or it has violated existing laws, rules and regulations .
5. Executive Order 221 Series of 2003 (Amending Executive Order No. 15 series of 1998, entitled Redirecting the Functions and Operations of the Department of Social Welfare and Development)
- Sec. 2 Roles of the DSWD - (d) Licensor and accreditor of social welfare development agencies and service providers.
- Sec. 3 Powers and Functions of the DSWD - (a) Set standards, accredit and provide consultative services to institutions, organizations, and persons engaged in social welfare activities and monitor performance of institutions, organizations and persons engaged in social welfare activities, both public and private.
C. COVERAGE AND APPLICABILITY
These guidelines apply to all accredited senior citizens centers, residential care facilities and/or group homes that are government-run or non-stock, non-profit domestic corporation organized and operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached, or homeless senior citizens.
D. Operational Definition of Terms:
1. Accreditation - refers to the process of providing official recognition to the social welfare and development programs and services of the licensed agency after meeting the minimum standards set by the DSWD. It ensures that the delivery of programs and services are within standards.
2. Group Home - a community-based living arrangement which is an alternative to institutional care. It envisions responding to the needs of the senior citizens who have been abandoned, have no families to return to or to whose reunification with family is not suitable and are assessed to be needing group living experience. The programs enables a minimum of 6 and a maximum of 10 clients discharged from residential care facility to live together and manage their group living activities with minimal supervision from the agency social worker.
3. Residential Care Facility - refers to a facility which provides twenty-four (24) hour residential care services operated primarily for the purpose of promoting the well-being of abandoned , neglected, unattached or homeless senior citizens. The facility is accredited by the DSWD and serves a minimum of ten (10) clients.
4. Senior Citizen/Elderly - refers to any Filipino Citizen who is a resident of the Philippines and who is sixty (60) years old or above. It may apply to senior citizens with dual citizenship status provided they prove their Filipino citizenship and have at least six ((6) months residency in the Philippines.
5. Senior Citizen Center - refers to a place established with recreational, educational, health, and social programs and facilities designed for the full enjoyment and benefit of the senior citizens in the city or municipality and accredited by the DSWD.
6. Utility Service Providers (USPs) - the company or organization that provides water, electricity and telephone services.
7. Social Welfare and Development Agency (SWDA) - refers to a person, corporation or organization, engaged in providing directly or indirectly social welfare services and obtains its finances either totally or in part, from any agency or instrumentality of the government and/or from the community by direct or indirect solicitations and/or fund drives and/or endowment.
E. OPERATIONAL GUIDELINES
1. Application. Qualified SWDAs who are wishing to avail of 50% discount on the electricity, water and telephone bills from the service providers shall apply in writing to the Director of the DSWD Field Office (FO) where the facility of the applicant is located. The application letter should be supported by documentary requirements as spelled out in Annex 1* and available at the DSWD FOs.
1.1. Applicants must meet the following criteria and submit the documentary requirements enumerated hereunder;
1.1.1 Must have separate meters for water and/or electricity and telephone line/s, which bear the name indicated in the registration/license/accreditation certificate.
1.1.2 On a twenty-four (24) hour basis, Residential Care Facilities must be serving at least ten (10) senior citizens at a time while Group Homes must be serving at least six (6) senior citizens.
1.1.3 Certification from the DSWD-FO that the facility is being utilized solely by the senior citizens and has been in operation for the last twelve months (1 year) or more prior to application.
1.1.4 Photocopy of a valid Accreditation Certificate by the DSWD.
1.1.5 Original copy of the latest USP s bill.
1.1.6 Agency s plan on the utilization of the savings generated.
2. Assessment.
2.1 The DSWD FO, within five days upon receipt of the application and documentary requirements, shall conduct a visit of the applicants premises to validate and assess its eligibility for the discount.
2.1.1 If the assessment is favorable, DSWD FO will endorse the application to the concerned office of the USP.
2.1.2 If the assessment is not favorable, DSWD FO will provide the necessary technical assistance to the SWDA.
2.2 The DSWD FO shall inform the applicant of the result of the assessment in writing within five (5) working days after the visit whether their application was endorsed or not.
2.3 A staff of the USP where the applicant is located in the area of coverage shall conduct an agency inspection to validate the requirements within five working days upon receipt of the endorsement.
2.4 The USP shall inform DSWD FO of the status of the applicant s request for the discount within five working days after the conduct of the inspection.
3. Granting of the Discount - Upon approval of the request, the USP shall inform the SWDA of the date of effectivity, copy furnished the concerned DSWD FO.
4. Validity and Grounds for Cancellation of the Discount - The discount shall be valid as long as the cited criteria in Section E.1 are being complied with. Consequently, the following are the grounds for the cancellation of the discount, to wit:
4.1 The suspension, revocation or expiration of the SWDAs registration/ license/accreditation issued by the DSWD.
4.2 Termination or Revocation of SEC registration.
4.3 Transfer of SWDA to another location that is outside the coverage of the service provider/s.
4.4 Change of clientele/beneficiaries other than senior citizens.
F. INSTITUTIONAL ARRANGEMENT
1. NATIONAL COORDINATING AND MONITORING BOARD (NCMB)
The board shall conduct a yearly assessment on the impact of the program on the SWDAs and their clients. Assessment would include the process of the implementation and the benefits of the program on SWDAs and their clients.
2. DSWD - STANDARDS BUREAU (SB)
Submit to NCMB a consolidated semestral report on the SWDAs availment of the 50% discount from the water, electricity and telephone bills every end of the succeeding month.
3. DSWD - FIELD OFFICE
3.1 Submit a semestral report to Standards Bureau status of implementation of the program in the region taking account of the amount saved by the SWDAs and the utilization of the savings.
3.2 Visit and monitor a SWDA who have availed the privilege at least once a year. A report should be submitted if significant findings such as non-operation and/or non-compliance with the criteria and standards are found out fifteen days after the monitoring visit to DSWD SB and the concerned USP.
3.3 Inform the USP within 15 days after the effectivity of the revocation, suspension or expiration of the accreditation and/or license certificate/s of the SWDAs who are recipients of the discount.
3.4 Submit an annual report on the status of accreditation and license of agency-beneficiaries to the service providers for their reference every end of the year copy furnish DSWD SB.
4. SWDA
4.1 Submit a semestral report using the prescribed format (Annex 2* ) to include the amount of budget saved and its utilization among others, to be submitted every first week of the succeeding month.
4.2 Include in their annual accomplishment report, regularly submitted to SB and/or FO the utilization of the budget saved from the discount that was granted to the agency based on their submitted plan.
4.3 On the process of phasing out, the agency shall immediately inform the DSWD FO and DSWD SB in writing, copy furnished the USP two-months prior to the closing of the organization.
4.4 For agencies transferring to another address within the USP s franchise area, the agency shall undergo the same procedure in availing the discount. DSWD FO and SB must be immediately informed a month after the transfer.
5. UTILITY SERVICE PROVIDER/S
The USPs must provide the DSWD-FO semestral report to be submitted every 2nd week of the start of the succeeding semester on the availment of the SWDAs of the privilege to include the amount of the discount awarded.
H. EFFECTIVITY
This Administrative Order shall take effect immediately.
Adopted: 05 November 2010
Secretary
* Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.