The Council of State responds to the Flemish government: assistance budgets for persons with disabilities must be increased retroactively | local

what is he talking about? In 2021, the Flemish government decided to adjust the personal budgets for people with disabilities. By working with 24 budget categories instead of 12, the government and the Flemish Agency for Persons with Disabilities (VAPH) wanted to allocate scarce budgets in a more targeted way and distribute them more fairly.

But because of the exercise — nicknamed “update” — many people with disabilities, often on a waiting list for years, saw their projected budget suddenly reduced. This loss rose from about 600 euros per year to more than 10,000 euros per year.

The modernization process has previously been rejected by various employment tribunals in individual filings. Now the State Council is consigning the same controversial decision to the trash. According to the court, this arrangement violates Article 23 of the Constitution. This article relates to the constitutional right to a dignified life and stipulates what is called the “freezing obligation.” This obligation means that the legislator may not reduce the level of protection without reasons related to the public interest.

According to the State Council, the government is failing in this regard. For example, the government cannot adequately explain what the public interest is behind a significant reduction in the level of protection. Other arguments – for example, it was said that the scheme would ensure budgets are made available more quickly – are also incorrect according to the court.

Lawyer Liz Michelsen calls the State Council's ruling “unprecedented.” According to her, the fact that the Council of State referred to Article 23 of the Constitution could also be important in other files where the rights of vulnerable people may be reduced or made conditional. It refers, for example, to rules relating to social housing, childcare or Flemish social protection (VSB).

Luc Demarais, president of the non-profit GRIP, called the ruling “a huge boost for people with disabilities.” “Thousands of people have had their budgets cut unfairly. This is about people who already got their budget and people who are still on the waiting list. And when they got their budget, it was a reduced budget. This is not possible,” Demarais said.

According to Demarais, the Flemish government has saved 11.5 million euros in recent years due to modernization. According to him, the government will now have to release resources to correct the cuts. “We think it's important for this to happen within government,” Demarais says. “We would be sorry if resources were withdrawn from other social care sectors where there are also great needs. This is an unconstitutional decision by the entire Flemish government.”

VAPH and the office of Social Welfare Minister Hilde Krevits want to carefully study the ruling first. “Everyone has the right to take legal action,” the Krivets government said. “The State Council made a number of statements regarding important files for persons with disabilities. We will of course study this matter carefully and determine the necessary steps.