Conditions for entitlement to disability benefits, 2013

Transcription

1 Austria Belgium Bulgaria Croatia Cyprus Reduction in capacity for work of 50%. Reduction of capacity for work of at least 66%. 50% reduction in working capacity/degree of disability. More than 50% reduction in working capacity. 50% reduction in earnings capacity (for ages 60-63); 66.67% reduction in earnings capacity (for ages below 60). Invalidity pension: "Eternal eligibility", or 60 insurance months within the last 120 calendar months. After completion of age 50 the qualifying period for each month after the age of 50 will be increased by 1 month and the observance period by 2 months; maximum 180 insurance months within the last 360 calendar months. The qualifying period is not required if invalidity occurs on the grounds of an employment accident or an occupational disease or before the completion of age 27, if there are 6 insurance months. 6 months, with 120 days worked. Minimum period of insurance varies according to the age of the claimant at the onset of permanent incapacity: Up to 20 years of age (and in case of those born blind or who have lost their sight before starting work): no insurance period required; up to 25 years of age: 1 year insurance period; up to 30 years of age: 3 years insurance period, over 30 years of age: 5 years insurance period. Those who are disabled at birth or who become disabled before starting work acquire the right to invalidity pension after 1 year of insurance; "Non-contributory periods credited or taken into account". Insurance record equal to 1/3 of working life. Working life: The full number of years between the age of 20 (23 for persons with post-secondary qualifications and 26 for persons with university qualifications) and the day of disability. Persons aged below 30 or 35 years are entitled under more favourable conditions: Up to 30 years: at least 1 year of insurance; 30 to 35 years: at least 2 years (1 year if graduated from university). Entitlement depends upon length of membership and amount of contributions paid: The insured person has been insured for at least 156 weeks up to the date of invalidity; paid basic insurance up to the date of invalidity equal to at least 156 times the weekly amount of Basic Insurable Earnings of EUR per week (3 insurance points at the basic insurance). The number of insurance points of paid and assimilated basic insurance for the period between 5 Oct 1964 (or, if s/he reached the age of 16 after 5 Oct 1964, on the first day of the year in which s/he reached that age) and the week before the week in which s/he becomes incapable, is equal to at least 25% of the years included in that period; and paid or assimilated insurance in the year preceding the year in which s/he becomes incapable or the average of such earnings in the preceding 2 years are at least equal to 20 times the weekly amount of Basic Insurable Earnings (0.39 insurance point). In case where invalidity was caused by accident the insurance conditions are the same as for sickness benefit: The insured person has been insured for at least 26 weeks up to the date of incapacity; paid basic insurance up to the date of incapacity equal to at least 26 times the weekly Basic Insurable Earnings of EUR per week (0.50 insurance point); and Page 1 of 8

2 Cyprus (cont.) Czech Republic Denmark Estonia First degree invalidity: 35% of incapacity for work. Incapacity for work (see above). 10% reduction in capacity. Incapacity for work pension: 40% reduction of capacity. paid and assimilated insurance over the relevant contribution year at least equal to 20 times the weekly amount of Basic Insurable Earnings (0.39 insurance point). Definitions: Basic insurance: insurable earnings up to Basic Insurable Earnings (up to 1 insurance point). Supplementary Insurance: insurable earnings over Basic Insurable Earnings (insurance points more than one). 1 insurance point: equal to 52 times the weekly basic amount = EUR 9,068. Relevant contribution year: the last contribution year, prior to the benefit year, which includes the date of fulfilling the relevant insurance conditions. Benefit year: the period which starts the first Monday of July of each year and ends the last Sunday prior to the first Monday of July of the following year. First, second and third degree invalidity pension: Depends upon age when invalidity occurs: Age Minimum period less than 20 years less than 1 year 20 to 22 years 1 year 22 to 24 years 2 years 24 to 26 years 3 years 26 to 28 years 4 years 28 to 38 years 5 years 38 years plus 10 years If an insured person is aged between 28 and 38, the minimum number of insurance years is assessed during a 10-year reference period prior to the occurrence of the invalidity. If an insured person is older than 38 years, the reference period is 20 years. Those incapacitated before the age of 18 years are entitled to Full Invalidity Pension (so-called "Persons Disabled from Youth"). At least 3 years of residence between the age of 15 and 65. Foreigners: 10 years of residence, 5 years of which must immediately precede the date on which the pension is payable. At the age of 65 the pension is automatically converted into an old-age pension. Qualification period depends on age at time of incapacity, ranging from 1 year of insurance for persons from 25 to 26 years of age to 14 years of insurance for persons from 60 to 62 years of age: Age Contribution period 16 to 24 years no requirement 25 to 26 years 1 year 27 to 28 years 2 years 29 to 30 years 3 years 31 to 32 years 4 years 33 to 35 years 5 years Page 2 of 8

3 Estonia (cont.) Finland France Germany National pension: No level specified. Statutory earningsrelated pension: Disability pension: No more than 2/5 of working capacity left. Partial disability pension: No more than 3/5 of working capacity left. General scheme for employees: 66.66%. Partial incapacity: Capacity for any work from 3 and up to 6 hours a day. Total incapacity: Capacity for any work less than 3 hours a day. Age Contribution period 36 to 38 years 6 years 39 to 41 years 7 years 42 to 44 years 8 years 45 to 47 years 9 years 48 to 50 years 10 years 51 to 53 years 11 years 54 to 56 years 12 years 57 to 59 years 13 years 60 to 62 years 14 years National pension and guarantee pension: 3 years of residence in Finland after attaining the age of 16 (no residence period required if a person becomes disabled while resident in Finland before the age of 19 or when entitled to a disability allowance at the age of 16). Statutory earnings-related pension: Employees: none. Self-employed: 4 months. General scheme for employees: Insured for at least 12 months before the first day of the month of interruption of work due to invalidity, or of an accident followed by invalidity, or of the medical declaration of invalidity due to a precocious attrition. The insured must have paid a minimum of contributions on a minimum wage (for 2,030 hours in the 12 months preceding the realisation of the risk, of which 1,015 during the first 6 months or prove 800 working hours in the last 12 months, of which 200 hours during the first 3 months preceding the realisation of the risk. Employees and self-employed: 60 months of contribution or credited substitute periods (general qualifying period) and in principle at least 36 contribution months in the 5 years before onset of complaint. Prolongation of the 5-year period is possible. The qualifying period may be deemed fulfilled when the insured person's capacity for work has been impaired by certain occurrences (e.g. employment injury) or under certain circumstances (e.g. short time after education/training). Disabled persons: 240 months of contribution and substitute periods in the case of permanent full incapacity already before the fulfilment of the general qualifying period. Page 3 of 8

4 Greece 50% 4,500 working days during the whole active life required. Up to the age of 21: 300 days (or 1 year of insurance). This period increases progressively by 120 contribution days per year up to 4,200 days until the age of 54. If none of these conditions are fulfilled, 1,500 working days are required, 600 of those in the 5 years preceding the invalidity. In case of accident at work and occupational disease: full eligibility as of the first day of insurance. If case of injury occurred outside the workplace, 2,225 or 750 working days (of which 300 in the last 5 years preceding the invalidity) are required. Hungary 40% Persons eligible to benefits for persons with changed working capacity are those whose state of health is assessed by the complex assessment of the rehabilitation authority at 60% or less and who: had been insured for at least 1,095 days within 5 years before submitting the claim; is not performing any gainful activity; and does not receive any regular cash benefits. Persons may be entitled to benefits for persons with changed working capacity regardless of the length of insurance period provided that: they became insured within 180 days after finishing their studies and as such, they had been insured without a break of more than 30 days before submitting the claim; or they received disability pension, accident-related disability pension, rehabilitation annuity or any pension-type benefits for persons with ill-health on 31 Dec Ireland Italy Latvia Lithuania Likely to be incapable of work for a minimum of 12 months or permanently incapable of work. Invalidity allowance, AOI): 66%. Incapacity pension: 100% 25% reduction in capacity. 45% reduction in capacity for work. At least 260 contribution weeks of insurable employment for which the appropriate contributions have been paid. At least 48 weekly contributions paid or credited during the contribution year preceding the claim. General invalidity: 5 contribution years with at least 3 during the last 5 years. Occupational invalidity (caused by circumstances of employment other than industrial injury): No conditions. 3 years of insurance. Partial Pension: Minimum insurance period depends on the person's age at time of disability: < 22 years: 2 months; 23 years: 4 months; 24 years: 6 months. The required minimum insurance period increases by 2 months per additional year of age until the person reaches the age of 38 (required minimum insurance period is 3 years) and 6 months per additional year of age until the person reaches the age of 62 (required minimum insurance period is 15 years). Page 4 of 8

5 Lithuania (cont.) Luxembourg Malta Netherlands Poland No minimum level. The insured person whose invalidity only relates to the last working place can benefit from occupational rehabilitation. If no internal or external rehabilitation measure could be taken within the firm, a compensation is provided for. Preventing persons from engaging in suitable fulltime or regular part-time employment or as a selfemployed/ self-occupied person for at least 1 year from date of claim. WAO (previous scheme): 15%. WIA (new scheme): 35%. Wajong: 25%. Not defined in percentages or points, incapacity described as either "total" or "partial" according to remaining working capacity. Full Pension: The obligatory insurance period necessary for a Full Pension also depends on the age: under 24 years of age: 1 year; at 24 years until 38 years of age: required period increasing by 4 month per additional year of age; from 38 years of age and above: required period increasing by 1 year per additional year of age, but may not exceed the obligatory insurance period established for the Old-age Pension. 12 months of insurance in the 3 years prior to the invalidity. The reference period is extended to the extent that it overlaps with credited periods. No qualifying period if invalidity is caused by an accident of any kind or occupational disease, occurred during affiliation. A minimum of 5 years paid contributions. No minimum period. The minimum insurance period (contributory and non-contributory periods) depends upon age at which incapacity began: Age Minimum period less than 20 years 1 year years 2 years years 3 years years 4 years 30 years and more 5 years For those over the age of 30 years, 5 years of the contribution and non-contribution periods must be included in the 10 years immediately preceding the occurrence of the insured risk. Page 5 of 8

6 Portugal Romania Slovak Republic Slovenia Relative invalidity: 66(2/3)% reduction of capacity of normal occupation. Absolute invalidity: 100% permanent incapacity to carry out any working activity. 50% lost working capacity. The social insurance expert doctor assesses the level of incapacity. 41% reduction in capacity. No fixed percentage, see categories of invalidity in "Definitions above. Relative invalidity: Contributions paid or credited for 5 years. Absolute invalidity: Contributions paid or credited for 3 years. For an invalidity due to certain chronic diseases (e.g. HIV, cancer, multiple sclerosis), the law provides for a waiting period of 3 years. 120 days of registered earnings are required for a year to be considered. No qualifying period required. The required period of employment depends on age: Up to 20 years 20 to 24 years 1 year 24 to 28 years 2 years 28 to 34 years 5 years 34 to 40 years 8 years 40 to 45 years 10 years over 45 years 15 years In case of accidents at work or occupational diseases and for persons disabled since childhood no minimum period of affiliation is required. Minimum period of insurance depends upon the age of the person when the invalidity emerged: Age: 30 years and over: employed for at least 1/3 of the time between attaining 20 years of age and the development of invalidity (only full years of service considered). Age between 21 and 29: employed for at least 1/4 of the time between reaching 21 and the development of the invalidity (full years of service). A person who was afflicted with invalidity of category I prior to reaching 21 years of age acquires the right to Invalidity pension, if at the onset of invalidity he was covered by compulsory insurance or if he has completed at least 3 months of insurance period. No period required if invalidity caused by an accident at work or occupational disease. Page 6 of 8

7 Spain 33% reduction in capacity. Permanent incapacity: Regularly insured person under 31 years: 1/3 between the age 16 and the date of onset of condition giving rise to incapacity. Regularly insured person over 31 years: A quarter of the time between the age of 20 and the event giving rise to incapacity, subject to a minimum of 5 years. 1/5 of contribution period must fall within the 10 years prior to the causal event. Special rules if not regularly insured. No minimum period of contributions is required if the disability is caused by an industrial or non-industrial accident or occupational disease. Sweden 25%. Income-related sickness/activity compensation: At least 1 year with pensionable income within a frame period, immediately preceding the year when the disability occurred depending on the age of the recipient when the disability occurred: 5 years for a person 53 years of age or older; 6 years for a person from 50 to 52 years of age; 7 years for a person from 47 to 49 years of age; 8 years for a person 46 years of age or younger. Guaranteed compensation: At least 3 years of residence in Sweden. United Kingdom Long-term Incapacity Benefit: Incapable of all work (100%). Employment and Support Allowance Limited capability for work (LCW). The limitation is such that it is not reasonable to require the claimant to work. Long-term Incapacity Benefit: Must have been entitled or deemed entitled to Short-term Incapacity Benefit for 52 weeks in the period of. Employment and Support Allowance (ESA):Payment of ESA is dependent on the result of the Work Capability Assessment (WCA). Iceland National pension and Employment pension: 50%. National pension: At least 3 years of residence prior to submitting the claim. Employment pension: The pension fund member must have contributed to a pension fund for at least 2 years. Norway 50%. Disability pension: 3 years of insurance immediately prior to the disability. If that condition is not met, an insured disabled may obtain a right to a pension a year after he last became insured, provided he has not been out of the scheme for more than a total of 5 years after the age of 16. Under specific circumstances special rules apply. The 3-year-condition does not apply to basic benefit or attendance benefit. Additional condition for a supplementary pension: Having been credited pension points for 3 years. Page 7 of 8

8 Switzerland 1st pillar (basic scheme) and 2nd pillar (statutory minimum): 40% for a quarter pension, 50% for a half pension, 60% for a 3/4 pension, 70% for a full pension. 1st pillar (basic scheme): 3 years of contributions. 2nd pillar (statutory minimum): No minimum period of affiliation. Source: MISSOC Comparative Tables Database: 1 July 2013, accessed 27 June Page 8 of 8