Beneficiaries and Conditions for Entitlement
Permanent invalidity covers workers who have undergone the medical treatment
prescribed and been pronounced fit, but still have severe anatomical or
functional disorders that can be determined objectively and which are presumed
to be permanent, and which reduce or annul their capacity for work. The
possibility of the invalid recovering the capacity for work if this is
considered to be medically uncertain or long term will not prevent such a
classification.
This also applies to a situation of temporary incapacity that still exists at
the end of its maximum period, except where, if the need for treatment
continues, the clinical situation of the person concerned means that it is
advisable to delay the corresponding classification (in no event may it fall
below 30 months following the date on which the temporary incapacity began),
when the situation of permanent invalidity does not apply until the
corresponding classification is made.
Beneficiaries/Requirements
People included in the general scheme declared to be in a situation of total
permanent invalidity, irrespective of the cause, provided they satisfy the
following requirements:
- They are under 65 years of age at the time and/or do not satisfy the
requirements for receiving the contributory retirement pension, if the
invalidity is due to an illness or accident not related to work
- They are registered, are members or in an equivalent situation
When the invalidity is due to an accident at work or occupational disease,
workers will be considered to be members automatically and registered, even if
their employer does not meet his obligations.
A lawful strike or business closure is considered to be a situation of
special coverage.
They have covered a previous contribution period, if the invalidity arises out
of an illness not related to work. The contribution period required varies
according to the age of the person concerned.
If they are under 26 years of age:
- General qualifying period: half the period between the date of their 16th
birthday and the date of the occurrence.
Specific qualifying period: not required
If they are 26 years of age or above:
- General qualifying period: a quarter of the period between the date of their
20th birthday and the date of the contingency, with a minimum of five years in
either case.
- Specific qualifying period: a period of one fifth of the required qualifying
period must be:
- In the 10 years immediately prior to the occurrence or
- In the 10 years immediately prior to the date on which the obligation to
contribute ceased, if the pension is received from a situation of registration
or its equivalent, without the obligation to contribute.
The provisions of this
paragraph also apply to people who have not completed the required period but
receive their pension from a situation of registration, with an obligation to
contribute when the situation arises out of another immediately prior situation
of registration or its equivalent, without the obligation to contribute.
There are specific rules for part-time workers.
There are different degrees of invalidity that determine the amount of
benefit receivable.
Text last edited on: 06/2006
Source: European Union
© European Communities
Reproduction is authorised.
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