Declaration of disability

The declaration of disability, also known as a disability certificate, is the official document that certifies that a person suffers from a mental, intellectual, sensory or physical impairment that prevents them from leading a normal life. In this article we have set out to explain, as clearly and simply as possible, everything you need to know about it.

But, first of all, we want to make it clear that disability is not related to invalidity or permanent incapacity for work, although it can influence it due to the pathologies that cause it. Furthermore, in order to obtain this, it is essential to have paid Social Security contributions for a certain period of time, whereas in the case in question it is not, as it is considered that the subject suffers from impediments unrelated to his or her condition as a worker that prevent him or her from participating effectively and fully in society.

As lawyers specialising in labour law, we provide you with all the necessary information so that you do not have any doubts on this subject, as well as all the questions that may arise and need to be answered.

Recognition of disability

Having made the above clarification, we must say that the degree of disability is always determined by the administration of the Autonomous Community in which the subject resides, which is the competent body. Everything related to it is recorded in the Revised Text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, which was approved by the Royal Legislative Decree 1/2013, of 29 November. It specifies the rights to which these people are entitled depending on the physical or mental disability they are recognised as having.

We must make a clarification on this point. At present, only those persons are considered disabled who, according to the aforementioned law, are recognised as having a degree of disability equal to or greater than 33%. This case is recognised for Social Security pensioners who have been retired due to severe disability or permanent incapacity.

Where should the procedures be initiated?

As we have already mentioned, the degree of disability must be determined by the competent bodies of the Autonomous Community in which you live. Specifically, this must be applied for at the Base Centres of the corresponding one or, in the case of residing in Ceuta or Melilla, at the Provincial Directorate of IMSERSO.

Once the application has been submitted, the Administration will notify the interested party of a date, time and place where he/she must appear to undergo the relevant tests and examinations to determine his/her degree of disability. These are carried out by the Assessment and Guidance Teams (EVO), which are made up of psychologists, doctors and social workers. On the basis of their reports, the Administration will issue the certificate of disability that determines the percentage that is recognised.

What are the requirements for obtaining a disability certificate?

The first thing to point out is that, in the event that the EVOs determine a degree of disability of less than 33%, the subject would not be entitled to access the benefits for people with a higher percentage, even if the corresponding certificate were issued.

In any case, in order to be able to process the document and to qualify for the whole process, the interested party must fill in the corresponding form, which can generally be obtained online or at any Social Affairs office of the Autonomous Community in which he/she resides, and which must be accompanied by the social and medical reports that he/she has.

Together with these documents, you must indicate your DNI number, your name and surname, the date of the application and the address where you reside to receive the relevant notifications. If sent by a legal representative, he/she must also identify and accredit him/herself as such.

This means that the interested party and his or her legal representative, if any, must provide their DNI and the incapacity resolution of the National Institute of Social Security in the event that homologation is requested, as well as the form itself. In addition, in the event that what is required is a review due to aggravation, the reports that support the fact that such a circumstance has occurred must be submitted.

What benefits does the recognition of the degree of disability provide?

We would like to repeat that, in order to have access to the benefits detailed below, it is an essential requirement that a disability equal to or greater than 33% has been accredited by the competent bodies of the autonomous community in which you live. The higher the disability, the more social, employment and tax benefits can be obtained.

Specifically, these benefits are as follows:

- Adaptation of selection tests in exams for access to public employment positions.

- Adaptation and fitting out of the job position occupied.

- Priority access to public housing.

- In some cases, early retirement.

- Direct access to employment promotion measures for people with disabilities.

- Obtaining a non-contributory disability pension.

- Specific educational support and resources of various kinds.

Specific social and economic benefits for disabled persons

People who are recognised as being more than 33% incapacitated receive pharmaceutical and health care benefits completely free of charge. In addition, they usually receive compensation for their transport costs or, failing that, a mobility allowance. When it is the children who suffer from it, although always to a degree greater than or equal to 65%, the subject is also entitled to a financial allowance for each of them if they are dependent, regardless of their age.

They also have the right to access certain subsidies and individual aids, rehabilitation and support treatments, special financing for adaptations and reforms in the home, extension of paternity and maternity leave periods, preferential admission to certain schools and public centres, parking card for people with reduced mobility problems and aid to third parties for care if necessary.

How do people with a disability pay tax?

It all depends on the case since, in addition to their degree of disability or, failing that, the degree of disability of their children, the concepts related to the money received are also taken into account. In any case, it is common for significant reductions to be applied to IRPF (Personal Income Tax), ISD (Inheritance and Gift Tax), IS (Corporation Tax), VAT (Value Added Tax), IVTM (Tax on Motor Vehicles) and IEDMT (Special Tax on Certain Means of Transport). In fact, in some cases, you may even be exempt from paying them.

What to do if you do not agree with your degree of disability?

It is possible that the competent bodies of your autonomous community have determined that you do not have a sufficient degree of disability to be entitled to the relevant social benefits. In these cases, you should know that, if you do not agree, you can complain.

In this regard, the first thing you have to do is to file a prior claim through the labour courts and you should include all the reports you have. If the administration rejects the claim, you still have the option, within a period of no more than 30 days, to file a lawsuit in the labour court. The judge will have the last word.

If you have any doubts or need our services as expert lawyers, do not hesitate to contact us.