Regulation applicable to the Informal Carer Status
Ordinance no. 2/2020, regulating the Informal Carer Status, was published in the Official Gazette further to the approval of the Law that created this status, on January, 10.
This Legal Insight presents the conditions which formalise the carer’s recognition status.
Ordinance no. 2/2020, published in the Official Gazette, regulates the terms for the recognition and maintenance of the Informal Carer Status.
According to the Ordinance, in order to qualify for the recognition of the informal carer status the following criteria should be met:
• Be resident in Portugal;
• Be older than 18 years of age;
• Comply with the physical and psychological conditions adequate to the user’s care;
• Be the spouse or official partner, a blood relative or have an affinity relation, up to a fourth degree of kinship, of the lineal or collateral descendant of the user.
In addition to these generic criteria, the informal carer must also meet the following conditions:
• Share the same household as the user;
• Provide permanent care;
• Not undertake any paid professional activity or any activity conflicting with the continued carer services;
• Not benefit from unemployment supplements;
• Not be paid for caring for the user.
The informal carer may be a working student as long as: (i) the individual does not have a full time job; nor (ii) have a scholarship or attend professional training.
In order to obtain the recognition of status and rights to be regarded as a carer, a specially formatted request should be submitted before the National Social Security Services or submitted online through the individual’s personal page at the Social Security website (Segurança Social Direta). The services will reply within 60 days. This request must have the user’s unequivocal authorisation.
As from July 1, 2020, requests for the recognition of the informal carer status may be submitted irrespectively of the Social Security centre or the carer’s residence.