Disability

Conditions for entitlement to invalid benefit

An insured individual who meets the following conditions is entitled to invalid benefit:

 

a) not yet reached the age of 65

Once an insured individual reaches the age of 65 the individual is not entitled to an invalid’s benefit if this age is reached after 31.12.2009. After this date, an insured individual cannot be awarded an invalid’s benefit from the age of 65, even if the insured individual becomes an invalid because of an occupational illness or a work accident.

If the recipient of an invalid’s benefit reaches the age of 65 after 31.12.2009, the invalid’s benefit will change to an old age pension from the age of 65.

 

b) an invalid with stage one, two or three invalidity

The new legislation no longer differentiates between full and partial invalidity. Invalidity is now defined as a decrease in work ability that occurs because of a long-term unfavourable state of health to the extent of at least 35%. The Pension Insurance Act now differentiates between three stages of invalidity according to the degree of the decrease in work ability.

If the insured individual’s work ability decreases:

  • by at least 35%, but not more than 49%, this is stage one invalidity
  • by at least 50%, but not more than 69%, this is stage two invalidity
  • by at least 70%, this is stage three invalidity

 

c) has the necessary period of insurance or if the invalidity arises because of a work accident or an occupational illness

The necessary insurance period and the method of ascertaining it has not essentially changed. However, now insured individuals who are older than 38 and do not meet the condition of five years of insurance in the last ten years before the invalidity occurred, the necessary insurance period condition will also be considered as met, if the insured individual has ten years of insurance in the last twenty years before the invalidity occurred

(the provisions that the necessary period can be in any period after the invalidity occurred in a period of twenty years does not apply, i.e. the period of insurance up to when the invalidity occurred is the only deciding factor to meet this condition). If the insured individual is older than 38, it is first ascertained whether the insured individual meets the condition of five years in the last ten years before the invalidity occurred, then it is ascertained whether the insured individual meets the condition of ten years in the last twenty years before the invalidity occurred and if this condition is not met, it is ascertained whether the insured individual meets the condition of five years in the last ten years before the invalidity occurred in any  completed ten years after the invalidity occurred.

 

d) has not met the conditions for an old age pension according to the provisions of section 29 of the Pension Insurance Act

If the conditions for entitlement to an old age pension according to the provisions of section 29 of the Pension Insurance Act are met, the insured individual is only entitled to an invalid’s benefit if the insured individual has become an invalid because of a work accident (an occupational illness). 

 

e) has not yet reached pension age, if he/she has been awarded an old age pension according to the provisions of section 31 of the Pension Insurance Act (i.e. an old age pension prior to reaching the pension age)

An insured individual is not entitled to an invalid’s benefit if the individual has been awarded an old age pension according to the provisions of section 31 of the Pension Insurance Act and has already reached the pension age on the day the invalidity occurs, provided the invalidity is not the result of a work injury (occupational illness).

 

Latest modifications 24. 2. 2010