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Applying for the disabled employees allowance

The Income for Disabled Employees (IDE) is an income granted to any person with a recognised disability who has residual capacities allowing them to carry out a professional activity, but who – for reasons beyond their control – is unable to find employment suited to their needs.

This income is subject to certain legal conditions set out below.

Persons concerned

Any person with a recognised disability who has residual capacities enabling them to work but who, for reasons beyond their control, does not have access to paid employment.

Eligibility conditions

To qualify for the IDE, you (that is, the person applying for this benefit) must :       

  • be recognised as a disabled employee ;
  • have a right of residence in Luxembourg, be domiciled and actually residing there ;
  • not have access to paid employment for reasons beyond your control ;
  • have an income below the limits set by law.  

Practical details

SUBMITTING THE APPLICATION

After obtaining the status of disabled employee, you must contact the secretariat of the Medical Commission to :

  • obtain the application form ;
  • get information on the formalities for applying for the IDE.

The completed, dated and signed form must be sent by e-mail, together with the supporting documents, to the Secretariat of the Medical Commission at the following address : commissionmedicale@adem.etat.lu

 

SUPPORTING DOCUMENTS

You must attach the following documents to your application :

  • a copy of the decision of the Medical Commission granting you the status of disabled employee ;
  • a copy of the decision of the Orientation and Vocational Redeployment Commission regarding your orientation towards the ordinary labour market or a sheltered workshop ;
  • documents proving the capacity of legal representative (if the applicant needs to be represented in their actions) ;
  • proof of a right of residence for more than 3 months, in accordance with Articles 6 and 7 of the amended Law of 29 August 2008 on the free movement of persons and immigration (in the case of an application submitted by a national of a Member State of the European Union, a State party to the Agreement on the European Economic Area, or the Swiss Confederation) ;

The application must be accompanied by a certificate confirming that you do not have access to paid employment for reasons beyond your control (issued by the ADEM service responsible for promoting employment and training). 

 

PROCEDURE AND DECISION

When the file is complete (and after verification by the Secretariat of the Medical Commission), ADEM forwards the application to the National Solidarity Fund (FNS).

The FNS will send you a questionnaire to complete the information needed to process the application and will check whether the age, residence and income conditions are met.

The FNS will then inform you of its decision, by registered letter, within one month after the Medical Commission has communicated its decision.

The FNS is responsible for managing the IDE and will handle the payment and execution arrangements.

If the IDE is granted, you are entitled to it as from the 1st day of the month in which your file was forwarded by ADEM to the FNS (the date of the FNS secretariat’s acknowledgement of receipt applies).

 

PERIOD OF VALIDITY

You will receive the IDE as long as you remain registered with ADEM and do not find employment for reasons beyond your control.

 

AMOUNT

The gross amount of the IDE corresponds to the amount of the social inclusion income (REVIS).

Contributions to health and long-term care insurance are deducted from this amount.

If the beneficiary has been affiliated to the pension insurance scheme for at least 25 years (under Article 171 of the Social Security Code), contributions for pension insurance are also deducted.

 

IDE AND OTHER INCOME

You are required to declare to the FNS all professional income and replacement income received under Luxembourg or foreign legislation.

The payment of the IDE is made, in accordance with Article 28(2) of the amended Law of 12 September 2003 on persons with disabilities, in the form of the Income for Persons with Severe Disabilities (IPSD) by the FNS.

The total income taken into account for the calculation of the IPSD is reduced by 30 % of the basic amount of the IPSD. The FNS pays the difference between the basic amount and the total income considered.

 

REVIEW, RECALCULATION AND RECOVERY OF THE IDE

The FNS regularly checks whether the eligibility conditions are still fulfilled.

If calculation elements have changed, or if the IDE was granted due to a material error, the IDE may be increased, reduced or withdrawn with retroactive effect.

The recovery of overpaid amounts may be requested by the FNS from the beneficiary or their heirs in the following cases :

  • if the granting occurred as a result of a material error ;
  • if the beneficiary has received an overpayment ;
  • if the beneficiary is no longer registered with ADEM ;
  • in case of professional reintegration of the beneficiary.

Recovery is mandatory if the beneficiary has provided false information to obtain the IDE, has concealed important facts, or has failed to report significant changes after the benefit was granted.

APPEAL PROCEDURES      

Decisions refusing to grant the IDE may be appealed before the Social Security Arbitration Council.

The appeal must be lodged by the applicant within a period of 40 days from notification of the decision, failing which the right of appeal will lapse.

Judgments of the Social Security Arbitration Council may be appealed against before the Higher Council of Social Security within 40 days from notification of the contested judgment.

The procedure to be followed is laid down by the amended Grand-Ducal Regulation of 24 December 1993, adopted in application of Article 294 of the Social Security Code, which determines the procedure before the Arbitration and Higher Councils of Social Security, as well as the time limits and court fees.