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COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Resolution (92) 24
on revision of article 12 of the regulations
governing staff salaries and allowances

(Adopted by the Committee of Ministers on 18 May 1992
at the 476th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Having regard to Resolution (81) 18 on the regulations governing staff salaries and allowances, and to Resolution (81) 20 on the Council of Europe’s Staff Regulations incorporating the regulations concerning salaries and allowances at Appendix IV;

Having regard to the fourth report of the Co-ordinating Committee on Remuneration and the recommendations on the basis of that report;

Whereas, the regulations governing salaries and allowances of Council of Europe staff need to be revised;

At the proposal of the Secretary General,

Resolves as follows:

Single article:

Article 12 of the regulations governing staff salaries and allowances is replaced, with effect from 1 January 1992, by the following text:

Article 12

Indemnity for handicapped child and reimbursement of

educational or training expenses related to the handicap

1. Any official with a dependent child medically certified as suffering from a handicap and necessitating either special care, supervision or special education or training, not provided free of charge, may claim application of these provisions, whatever the age of the child.

2. Entitlement of the indemnity and reimbursement of expenses under these regulations shall be by decision of the Secretary General having regard to the nature and degree of the handicap.

3. The Secretary General shall consult a board which he/she shall constitute for the purpose and which shall include at least one independent medical practitioner.

4. The decision shall specify the period of the entitlement, subject to review.

5. The criterion for assessing entitlement to the benefits specified in this regulation shall be the serious and chronic impairment of the physical or mental capacities.

6. Children may be deemed to be handicapped when they suffer from:

– serious or chronic affection of the central or peripheral nervous system, however caused, such as encephalopathies, myelopathies or peripheral paralysis;

– serious affection of the locomotor system;

– serious affection of one or more sensory systems;

– chronic and disabling mental illness.

7. The above list is not exhaustive but indicative only. It does not constitute the definitive basis for assessing the degree of handicap.

8. A claim for reimbursement under these rules shall be made solely in relation to expenses incurred in order to provide the handicapped child with education or training specially adapted to his needs and designed to obtain the highest possible level of functional capability and which are not of the same kind as those taken into account for the purposes of the education allowance.

9. The Secretary General shall assess the reasonableness of the expenses for which reimbursement is claimed.

10. The amount of the indemnity for the handicapped child shall be equal to the amount of the dependent child allowance and shall be additional thereto.

11. Reimbursement of education or training expenses described in paragraphs 8 and 9 above shall be at the rate of 90%.

12. Any official receiving the indemnity for a handicapped child must declare payments of a similar nature received from any other source by himself/herself, his/her spouse, or the handicapped child. Such payments shall be deducted from the indemnity paid under these regulations.

13. The amount of expenses incurred as defined in paragraph 8 above, shall be calculated after deduction of any payment received from any other source for the same purpose.

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