frame (a special support benefit provided to children and young with disabilities or with
difficulties in learning) – was accepted(17).
It was also achieved the harmonization of the retirement rules applicable to Guarda
Nacional Republicana military members and to Forças Armadas military members, by the
publication of the Decree-Law No. 3/2017, of 6 January, after former remarks made by
the Ombudsman in that way.
Another Ombudsman’s suggestion claiming for a legislative amendment was achieved
with the publication of Law No. 34/2016, of 25 August.
In fact, the Ombudsman had been defending since April 29th, 2013, the necessity of
altering the unemployment law in force in what concerns the fortnightly presentation
duty (according to which unemployed with benefits should present themselves before
Employment Services every fortnight).
The Ombudsman considered that, despite the necessity of guaranteeing that unemployed citizens search actively for a new job and that an effective control held by Unemployment Services is assured, the fortnightly presentation duty should be abolished or at
least modified.
Still regarding the unemployed social protection scheme, the Ombudsman addressed
the Government, on November the 3rd, 2016 the Recommendation No. 4/B/2016.
This Recommendation claimed for another legal amendment in unemployment rules,
aiming the clarification of both the reduction limits and the increasing rules of unemployment benefits amounts.
In what concerns the rules of increasing, the Ombudsman defended that all unemployed couples with dependent children should be entitled to an increase in unemployment benefit amount.
Regarding a different matter and following the examination of several complaints
about the new Regulation of the Pension Fund for Lawyers and Solicitors, approved by
Decree-Law No. 119/2015, of 29 June, the Ombudsman drew the special attention of the
Government to the need to consider different regulatory solutions for some aspects and
injustices.
The suggestion was accepted and Government determined the establishment of an
inter-ministerial working group to assess the new Regulation of the Pension Fund for
Lawyers and Solicitors.
The Ombudsman has also repeatedly analyzed the application of self-employed
workers’ contributory social security scheme provided by the Social Security Contribution Regimes Code, therefore having suggested several legislative amendments to the
(17) By the publication of Implementing Decree No. 3/2016, of 23 August. This legal instrument updated some
concepts. It also clarified items about the medical certification related to disability and its effects, as well as about the
necessary supports/devices that children and young with disabilities need.
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