Social Security: Invalidity Insurance

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
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