A/HRC/36/45/Add.1 persons benefiting from old-age social pensions, solidarity supplements for the elderly, social integration incomes, unemployment social benefits, family allowance and disability social pensions. Consumers with an annual income under €5,808 are also eligible to benefit from the social tariff. The Special Rapporteur welcomes the inclusion of that provision in the annual budget. It is in line with the need to uphold the dignity of those who would otherwise have to request their inclusion in the system and will increase the number of people who will benefit from the social tariff. 64. However, the Special Rapporteur notes that the automatic attribution of the social tariff should be complemented by implementation measures at the central and local government levels and urges the Water and Waste Services Regulation Authority, the Ministry of the Environment and other relevant institutions to strongly advocate for that to take place. Furthermore, he notes that the implementation of the automatic attribution of the social tariff depends heavily on the flow of personal data, such as individuals’ incomes, between the social security services, the tax and customs authority and the general department of local municipalities. The Special Rapporteur looks forward to receiving information regarding the coverage and application of the social tariff and on how the mechanism is developed, taking into consideration the need to balance on the one hand, the use of personal data in order to automatically apply the social tariff and on the other hand, individuals’ right to privacy regarding their personal data. Additionally, the Special Rapporteur stresses the importance of disseminating information regarding existing practices, policies and resources that promote economic access to water and sanitation. 65. Another type of special tariff is the family tariff, which is aimed at ensuring that the higher consumption of water resulting from the size of the household is not billed at higher levels. The application of the family tariff varies from provider to provider. For the Empresa Portuguesa das Águas Livres, family units consisting of five or more people are eligible for the family tariff. 25 In order to benefit from the family tariff, consumers are required to present either their annual income tax declaration showing proof of household size or their Large Family Card. According to the definition applied by the Portuguese Large Family Association (Associação Portuguesa de Famílias Numerosas), such families have at least three children.26 The Special Rapporteur recommends flexibility in interpreting and applying the size of family as in some cases, due to financial vulnerability, one household may be occupied by five or more adults. 66. While the majority of the Portuguese population enjoys affordable water and sanitation services, the Special Rapporteur was informed that the so-called “new poor” pay high water tariffs in comparison to their income. For instance, some population groups have experienced sudden salary cuts or drops in pensions, or have lost their jobs. Those sudden changes in the financial status of the “new poor” have resulted in their inability to pay for their water services, while at the same time they do not qualify for the social tariff for water services, which are based on the tax return from the previous year. The Special Rapporteur heard testimonies of adults who, during the financial crisis, were unable to stay in their own homes and had to move in with their parents. In such cases, where family tariffs applied only to families with children, they were not qualified to benefit from family tariffs. The Special Rapporteur emphasizes that social tariffs for water and sanitation services should be flexible and should be adapted to unforeseen situations. 3. Disconnection in case of incapacity to pay 67. The affordability of water and sanitation services and disconnections are inextricably linked. In many instances, the failure to pay for services leads to disconnection. Disconnection of services on the grounds of economic incapacity is a retrogressive measure and constitutes a violation of the human rights to water and sanitation, according to the Committee on Economic, Social and Cultural Rights (see the Committee’s general comment No. 15 (2002) on the right to water, para. 44 (a)). Disconnections are only permissible if it can be shown that households are able to pay but are not paying. 25 26 See www.epal.pt/EPAL/en/menu/customers/tariff/special-tariffs /special. See www.apfn.com.pt/faqs.php. 15