Summary
Services for persons with disabilities whose funding and decision to provide care is provided by a foreign public authority may offer several forms of support:
- day programmes only;
- residential care: in this case, the service provider’s facility is the main place where persons with disabilities live. The care support is provided each day of the year, 24 hours a day;
- support programmes for people in their own homes: the aim is to enable persons with disabilities to acquire the independence they need to live in a home in the community.
These services must comply with the regulatory framework, including, in particular:
- compliance with the minimum standards of supervision;
- requirements regarding infrastructures (in certain cases provided for in the regulations, a residential care project may be set up within regular housing);
- obligations focusing on the person receiving support, including implementation of an individual plan.
The support provided by such services is part of an effort to improve the quality of life of persons receiving support and takes into account:
- their specific needs;
- their expectations and wishes;
- their own pace of life.
These services provide educational support through a variety of tailored activities and provide psychological, social and therapeutic support aimed at integration into society, their community and culture, as well as personal development.
Key points
Since 28 February 2021, France introduced a moratorium suspending the referrals of French residents to receive services accredited and financed by a public authority in Wallonia.
To learn more, service providers may, if they so wish, obtain information from the French authorities by sending their application to the following address: ars-hdf-affaires-internationales@ars.sante.fr
In detail
Any legal entity wishing to launch a service aimed at day programmes for persons with disabilities
If you wish to launch a service accredited and funded by a foreign public authority, you must first submit an application for accreditation to the AVIQ.
Notes:
Before submitting your application, we strongly recommend that you contact the Department for Disability Day Programmes and Accommodation Services to present your project and discuss it with them.
The application for first accreditation is made in two stages:
Application for preliminary approval:
The application must be submitted by the service provider to the AVIQ by post or by electronic means. The sending method must enable proof of the sending and of the date.
The application must include the following documents:
- Service project:
- a document describing the service’s objectives and mode of delivery;
- containing a description of how individual plans of beneficiaries will be monitored;
- it must comply with a minimum framework (Annex 117/3) and specific provisions laid down in Article 1369/39
- Internal regulations: it must contain at least the elements listed in Annex 117/2
- Model agreement on the service provision:
- this refers to a ‘standard contract’ between the service provider and the person receiving care support;
- it must contain at least the elements listed in Annex 117/2
- Explanatory note concerning the target group:
- type(s) of disability;
- age and gender of persons concerned;
- A charter of values based on the reference principles set out in Annex 117/1.
- The service provider’s company number.
Application for accreditation:
An application for accreditation may only be submitted if the service provider has obtained preliminary approval from the AVIQ for their project.
This application may be sent by post or by electronic means. The sending method must enable proof of the sending and of the date.
The application must include several documents:
- Information on the service provider’s director:
- Surname and first name.
- Certified copies of their diplomas.
- A recent criminal record check (less than three months old) showing no criminal convictions or prison sentence incompatible with the position.
- A written delegation of powers from the governing body.
- A fire safety certificate:
- A favourable decision from the emergency services no more than six years old, certifying that all precautions have been taken to prevent fires. The decision must specify the capacity for service provision and the nature of the facilities.
- This document is not required for independent living projects in regular housing occupied by a maximum of six persons.
- Accessibility report:
- A favourable report issued by an ‘accessibility advisory department’ recognised by the Walloon Region, the Brussels Region or the Flemish Region, certifying that the buildings are accessible and can be adapted for persons with disabilities.
- This document is not required for independent living projects in regular housing occupied by a maximum of six persons or for residential care projects in ordinary housing for a maximum of eight people.
- The service provider filing the application must also meet the specific standards referred to in Article 1369/75.
- Approval by the AVIQ on the layout of the planned facility:
- Prior to the commencement of work, the service provider must provide a full-scale detailed execution plan showing the building’s different floor levels in cross-sectional, elevation and façade views.
Before submitting a project, you are strongly advised to familiarise yourself with all the regulations.
Application for preliminary approval:
AVIQ has 30 days following receipt of an application for preliminary approval to send the applicant an acknowledgement of receipt provided that the documentation is complete. If the documentation is incomplete, the AVIQ will inform the applicant and indicate which missing documents are to be provided.
Once the documentation has been completed and re-submitted by the applicant, the AVIQ has an additional 30-day time limit to send an acknowledgement of receipt provided that the documentation is complete this time. Otherwise, the AVIQ will again indicate the missing elements.
Once the documentation is complete, the AVIQ will review the application for preliminary approval within six months.
Application for accreditation:
As a reminder: an application for accreditation may only be submitted if the service provider has obtained preliminary approval from the AVIQ for their project.
When the service provider submits their application for accreditation, the AVIQ will send an acknowledgement of receipt to the provider within one month provided that the documentation is complete. If the documentation is incomplete, AVIQ proceeds in the same way as in the case of an application for preliminary approval in indicating the missing elements.
Once the documentation is complete, the AVIQ will review it and the Minister will make a decision within six months from receiving the complete documents for the accreditation application.
In total, from the moment a service provider submits an application for preliminary approval, it takes at least 14 months to obtain the accreditation.
