On 16-10-2024, the Ministry of Social Justice and Empowerment notified the Rights of Persons with Disabilities (Amendment) Rules, 2024 to amend the Rights of Persons with Disabilities Rules, 2017. The provisions came into force on 18-10-2024.
Key Points:
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Rule 17 relating to “application for certificate of disability” has been revised.
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Earlier, any person with specified disability had to apply in Form IV for the disability certificate and submit the application to the medical authority or to the medical authority concerned in a government hospital.
Now, any person with disability will have to apply in Form IV for the disability certificate and the Unique Disability Identity (‘UDID’) Card and submit the application to the medical authority or to the concerned medical authority in a hospital (not necessarily be a government hospital).
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Earlier, proof of residence, 2 recent passport size photographs and Aadhaar number/ enrollment number were required to be submitted along with the application.
Now, along with the proof of residence and Aadhaar number/ enrollment number, proof of identity and a recent photograph which should not be older than 6 months has to be furnished.
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Rule 18 relating to “issue of certificate of disability” has been revised.
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Earlier, on receiving the application, the medical authority had to verify the information and access the disability in terms of relevant guidelines. If, after assessing, the medical authority was satisfied then it had to issue a certificate of disability in his favor in Form V, VI and VII.
Now, if after assessing, the medical authority is satisfied that a person has a disability, then the medical authority will have to issue a certificate of disability in Form V and Form VI and one of the three types of color- coded UDID card in Form VII in his favor. The colour coding will be on the basis of the severity of the disability:
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White Band Card- when the disability is below 40%;
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Yellow Band Card- when the disability is below 80%;
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Blue Band Card- 80% or above.
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The medical authority will have to issue the disability certificate and UDID card within 3 months.
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In case, the medical authority is unable to take any decision for a period of 2 years, then such application will be made inactive, and the applicant will have to apply afresh on portal or approach the medical authority to re-activate the pending application.
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The medical authority, after examination, will either:
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Issue a permanent Disability certificate/ UDID card- cases where there are no chances of improvement;
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Issue Disability certificate/ UDID- indicating the period of validity, in cases where there is a chance of improvement.
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In case any applicant is found ineligible after assessment by Specialist/ Medical Board, the Medical Board, within a period of 1 month of rejection, will have to convey the same in Form VIII through online portal.
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Any aggrieved can file an appeal within 90 days of rejection.
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