Disability

The Laron Committee was established to examine the integration of disabled people into the job market. In line with the Committee’s recommendations, the National Insurance Law was amended on January 8, 2009 to improve conditions for disability pension recipients who join the workforce.

The amendment to the law improves the conditions for those who join the workforce and does not diminish the rights of those who are not working.

The main points of the amendment:
1.   If a degree of permanent incapacity has been established for you, you will not be re-examined when you join the workforce.
2.   The overall amount that you receive from work and from the pension will always be higher than the amount of the pension alone. Therefore, the more you earn from working, the more your income will increase.
3.   You will continue to receive fringe benefits according to the established rules.
4.   A safety net for three years - If you stop working or if your income decreases, you can return to receiving the disability pension as you did before, without additional examinations.
5.   If, in July 2009, you are receiving a disability pension and you also have income from working, you will receive the pension according to the new law, only if you choose to do so.
6.   According to the law, there is a new pension - an incentive pension. This pension will be paid instead of the disability pension to those whose income exceeds the amount specified in the law. This will maintain the principal whereby the overall amount that you receive from working and from the pension will always be higher than the disability pension alone.
7.   The amendment to the law establishes 4 degrees of incapacity: 60%, 65%, 74% or 100%.

If you would like to go to work, or if you are working and would like to examine additional employment possibilities, the vocational rehabilitation services of the National Insurance Institute are at your disposal.

1. disabled or a disabled housewife.
2. A person with a medical disability - A person for whom a National Insurance Institute doctor determined at least a 60% medical disability, or at least 40% in cases in which a medical disability of at least 25% was determined for one of the impairments.
A disabled housewife - A woman for whom a National Insurance Institute doctor determined at least a 50% medical disability.
3.  Degree of incapacity - The National Insurance Institute claims officer determined that the insured lost at least 50% of their capacity to earn or to function in the household.

An insured, excluding a housewife, who as a result of impairment, fulfills both the following conditions: a) He is unable to support himself from work or occupation, and his capacity to support himself as above has been reduced as a result of his impairment (all at once or gradually) by 50% or more. b) He has no actual income form work or occupation, or his such income is not over the following: 1. regarding persons entitled to disability pension for a lengthy period or having a serious impairment – 60% of the average wage; 2. regarding persons not entitled to disability pension for a lengthy period and not having a serious impairment – 45% of the average wage.

A housewife as defined by Law ,who as a result of her impairment has lost at least 50% of her ability to function in her household — with the following exceptions: a)she has worked as a worker or self-employed worker for a period of 12 consecutive months or 24 months even if not consecutive, out of the 48 months preceding the submission of her claim or preceding the cessation of work, if she ceased working after she submitted her claim. b) She is living separately from her husband and has not lived with him for a period of at least 24 months preceding or following the submission of her claim. In such cases, the housewife is considered employed and her capacity to earn a living as defined above will be examined.

What is a medical committee?

A medical committee is composed of one doctor who specializes in a particular medical field and a secretary whose job is to ensure that your rights are protected and to record the committee’s report.

If you complained of a number of illnesses or a number of medical impairments, you may be examined by several specialists and if, following the examination, it is determined that an additional examination is required by another specialist, you will be summoned to appear before one or more additional committees.

The opinions of the specialists who examine you are submitted to the “certified physician” who determines the percentage of your medical disability from all the illnesses combined.

It is the job of the medical committee doctor to determine the illnesses or medical impairments from which you suffer and to convert them, according to the level of their severity, into percentages of medical disability, according to the examinations book in the National Insurance regulations. The book contains 10 chapters divided into the various bodily systems (see below).

The medical committee determines the percentage your disability according to the list of medical examinations for the degrees of disability in the National Insurance regulations. The list contains a defined percentage of disability for every medical impairment.

For example: For a person whose leg was amputated at the hip, the doctor will establish a medical disability of 80%, according to section 47 (6) (a) on the list of examinations.

The list of examinations appears on the website in the Rules and Regulations Section, in the examinations book.

The National Insurance Institute claims officer decides whether the insured is “disabled” or a “disabled housewife” and establishes the degree of incapacity after consulting with a certified physician and a rehabilitation officer of the National Insurance Institute. The possible degrees of incapacity are 60%, 65%, 74% and 100%.

In a re-examination, whether conducted at the request of the insured or at the initiative of the National Insurance Institute, the NII may reduce the percentage of medical disability and the degree of incapacity.

Etitlement to a pension begins 90 days after the date of commencement of incapacity to earn / perform housekeeping tasks (the determining date), however, if, on the 91^st day, the disabled person receives sick pay from his employer or from a provident fund, his entitlement to a disability pension will only begin after the period of time for which he received the sick pay. The earliest possible date of commencement of the incapacity is 15 months before submission of the claim.

A person who believes that he is entitled to a monthly disability pension should contact the branch of the National Insurance Institute in his place of residence and submit a claim for a pension on the form Claim for a Disability Pension and Declaration for the Insurance and Collection Department. Under the law, the National Insurance Institute will consider the claim for a disability pension 90 days after the day on which the applicant lost his earning capacity (or capacity to perform housekeeping tasks when the applicant is a housewife) or his earning capacity was reduced by 50% or more.

The claim for the pension must be submitted by the applicant himself. If he is unable to submit the claim himself due to his physical or mental condition, a family member (a spouse, child, parent or grandchild) or his guardian, or the social worker handling his case, or another person representing him, may submit the claim on his behalf.

Submission of a disability claim does not preclude the right to submit a private claim of incapacity to an insurance company, as well.

Medical documents, certification of employment and salary, and any other document that can prove the applicant’s entitlement to a pension should be attached to the claim.

A self-employed person must submit to the NII’s Department of Insurance and Collection a declaration on the changes in his work and income due to the disability, and provide the last tax assessments in his possession.

Medical documents, certification of employment and salary, and any other document that can prove the applicant’s entitlement to a pension should be attached to the claim.

A self-employed person must submit to the NII’s Department of Insurance and Collection a declaration on the changes in his work and income due to the disability, and provide the last tax assessments in his possession.

a.   A disabled person or disabled housewife for whom a degree of incapacity (to earn or to perform housekeeping tasks) of over 74% has been established is entitled to a full monthly disability pension. The full pension rate for an individual is NIS 2,267 (as of 01.01.2012) .

      A disabled person with a degree of incapacity of over 74%, who is living in an institution and whose medical disability is at least 50%, receives an additional monthly pension that ranges from NIS 244 (as of 01.01.2012) to NIS 360 (as of 01.01.2012) , in accordance with the percentage of medical disability established for him.

b.   A disabled person or disabled housewife for whom a degree of incapacity between 60% and 74% was established is entitled to a partial monthly disability pension according to the degree of incapacity. For example, a disabled person for whom a degree of earning incapacity of 60% of the full disability pension for an individual was established.

c.   A disabled person who has dependents entitled to an increment for them.

Spouse of an Israeli resident, whose income is up to 57% the average wage and child of an insured person (including foster and adopted child) up to age 18; if completing his studies at a post-elementary educational institution or if in a pre-military framework – up to age 20; if a volunteer in a year of service – up to age 21,unless enlists in the IDF immediately following his volunteer service – with no age limit; if serving in the IDF, except for the permanent army – up to age 22,,but for not longer than until the end of 36 months of service; a girl in the voluntary National Service and a person who postpones his military service due to studies – up to age 22.

     The recipient of a disability pension who has no other income is exempt from payment of insurance contributions for the time that he is entitled to the pension.

     The recipient of a disability pension for whom a degree of earning incapacity of at least 75% was established permanently or for a temporary period of at least one year is exempt from payment of insurance contributions for the time that he is entitled to the pension, even if he has other income. However, if he is self-employed, he must pay work injury insurance. If he is a salaried employee, his employer must pay work injury insurance and workers’ rights in bankruptcies and corporate liquidation insurance for him.

The disability pension is paid on the 28^th of the month into the bank account of the person entitled to the pension. If the National Insurance Institute believes that, due to his disability, the person entitled to the pension is incapable of using the pension for his own benefit or for the benefit of his “dependents,” the pension is paid (in whole or in part), to whomever the NII appoints as the recipient of the pension (the pension is paid into the bank account of that person).

If a claim is submitted by the guardian of the person entitled to the pension, the pension is paid into a bank account opened by the guardian in the name of the person entitled to the pension. At the request of the spouse, the increment for that spouse is paid directly to him or her.

A one-time grant to a spouse and in the absence of thereof to a child  (as defined by law) of a deceased recipient of disability pension. The sum of the grant is NIS 8,475 (as of 01.01.2012) .

 
A claim for the grant should be submitted within 12 months from the time that the reason for the claim was established

The son or daughter of an insured person (including foster child, adopted child and grandchild supported entirely by the insured person, except for a married child) who meets one of the following conditions: *up to age 18; *if completing his studies at a post-elementary educational institution or studying in a framework to complete matriculation exams, or having a learning disability and studying in a framework recognized by the NII– up to age 20; *if in a pre-army IDF framework – up to age 20;* if a volunteer in a framework of public service for up to 12 months and his army service is deferred due to this volunteering – up to age 21; *if serving compulsory service in the IDF – up to age 24; *if serving in the voluntary National Service – up to age 24;*if studying in an "atuda" framework and deferring army service due to studies – up to age 24.

You can work, earn and receive a disability pension if the National Insurance Institute believes that, due to your medical condition, you are unable to earn more than you are actually earning, and if your gross monthly income from employment is one of the following:

         If a soldier in compulsory service, a volunteer soldier or a person performing national service submits a first claim for a disability pension, their entitlement is examined, as with any other insured. For the purpose of evaluating earning capacity, information is sometimes required on the functioning of the soldier or the volunteer in the framework he is in.

        For soldiers or volunteers in compulsory service and national service volunteers for whom an indefinite disability pension was approved before they started to serve in the IDF or national service, the pension paid to them will not be reduced as long as they continued to serve in compulsory service or in national service.

        A person for whom a temporary medical disability and a degree of incapacity was established for a limited time will be summoned for continued medical diagnosis and evaluation of continued entitlement, as customary.

You must notify the National Insurance Institute of any change that might affect your entitlement to a pension or the manner of payment of the pension, within 30 days of the date of the change (a change in your income or the income of your spouse, a change in marital status, change of address, etc.).

If a recipient of a general disability pension dies without collecting the full pension due to him, the pension will be paid to his survivors (widow / widower or children who are entitled to a survivors’ pension from the National Insurance Institute). If the entitled person did not leave survivors, the pension will be paid to the person who proves that he provided the entitled person with essential goods or services in the last year of his life, and was not paid for them.

The amount paid will not exceed the amount of the pension for the six months before the death of the entitled person.

Recipients of a disability pension for whom at least a 60% medical disability was established and whose disability is not a mobility limitation, may be entitled to an exemption from the registration and disabled parking placard fee.

To obtain the exemption from the registration and disabled parking placard fee, please write to the Ministry of Transport at. P.O.B. 72, Holon 58100, and attach a photocopy of a medical protocol.

The Ministry of Transport will decide if you are entitled to receive an exemption from the registration and disabled parking placard fee.

If you have not yet reached retirement age and your mobility is limited, you must contact the Regional Health Office in your area of residence to obtain a disabled parking placard.

        You cannot receive a disability pension and a work-related disability pension or a survivors’ pension for the same period of time.

       You cannot receive a disability pension and an unemployment benefit for the same period of time - if you have a 100% medical disability and a 100% degree of incapacity.

         If it is determined that a person receiving an income support benefit is also entitled to a disability pension, the disability pension payments are deducted from the income support benefit.

         A person who, due to one event, is entitled to a disability pension and to a benefit or grant under other laws, must choose one of the benefits. The relevant laws are: the Invalids Law, the Police Law, the Benefits for Victims of  Hostilities Law, the Prison Service Law, the Invalids (War Against the Nazis) Law, the Invalids (Nazi Persecution) Law, the Soldiers’ Compensation Law, the Civil Service Law (Sections 63(7) and 63(8) ).

Death grant
Study grant
Income support - A person who is not entitled to a disability pension and cannot ensure himself an income from employment (or his income is lower than the minimum required for subsistence), is entitled, under certain circumstances, to an income support benefit (or to an income supplement).
Vocational rehabilitation - An insured for whom a medical disability of at least 20% was established, who also meets the conditions prescribed by law, is entitled to vocational rehabilitation.
Special attendance allowance for the severely disabled
Special benefit for severely disabled new immigrants
Benefit for disabled child
Compensation for victims of ringworm (radiation-affected persons)
Compensation for blood transfusion (AIDS) victims
Compensation for polio victims
Mobility benefit

All recipients of a general disability pension, attendance allowance for the severely disabled, benefit for a disabled child and mobility allowance receive a disability certificate by mail.

The certificate is sent automatically after approval of the application for the benefit, and after renewal of the benefit following payment of a temporary benefit, so there is no need to contact the National Insurance Institute to request the certificate.

The certificate is valid for 5 years or until the end of the period of entitlement to the benefit – whichever comes first. At the end of the period, if the entitlement to the benefit continues, a new certificate is automatically sent. A person who is no longer entitled to a disability benefit will receive a letter explaining that the certificate is no longer valid and can no longer be used.

Local authorities
Ministry of Transport
Ministry of Construction and Housing
Ministry of Social Affairs
Health funds
Ministry of Finance / income tax
Ministry of Finance / purchase tax
Israel Land Administration

The examination for entitlement to a disability pension is complex and takes a long time. In order to shorten the process as much as possible, write all the details on the claim form for the pension, provide the National Insurance Institute with all the required documents and report for the medical examination as scheduled.

-    Appealing the percentage of medical disability
-    Appealing the degree of incapacity
-    Appealing other decisions made by the claims officer

The disability pension is paid to a disabled person who is a resident of Israel staying abroad for the first 3 months after his departure from Israel. After the first 3 months the pension will be paid under certain circumstances, such as if he or his spouse are employed by an Israeli employer abroad, or if he requires special medical treatment.