Disabled Child Benefit (Right)

From All Rights (Kol-Zchut) (www.kolzchut.org.il)

הקדמה:

A Disabled Child Benefit is paid in accordance with the child's disability and dependence on others; a child with more than one disability may only receive the benefit for one disability, whichever has a higher entitlement
The total amount of the benefit (at the rate of 100%) is 2,561 NIS. Recipients of a maximum Disabled Child Benefit receive an additional 17% supplement of 372 NIS (these amounts are as of 01.01.2014 and are correct for 2015 and 2016).
The benefit at the rate of 50% is 1,095 NIS (correct for 2016)
Children over age 3 who are completely dependent on others in performing daily activities and are frequently absent from their education or their treatment due to Regular Treatment at a hospital are entitled to a benefit rate of 188% of the amount (including the additional 372 NIS) is 4,487 NIS.


A Disabled Child Benefit is paid by the National Insurance Institute for children between 90 days and 18 years and 3 months old, depending on the various disabilities and the degree of dependence on others.

  • Children with hearing impairments, and children with Down Syndrome are entitled to receive the benefit from birth.
  • The process to receive the benefit is shown in the following diagram;
Receiving notification about the decision of the committee
If the answer is positive, see, Benefit Rates
In any case, you may
reapply

Who is eligible?

  • Children between the ages of 90 days and 3 years who cannot perform most motor skills of the head, limbs and torso that others their age are capable of performing.
  • Children between 3 and 18 years and 3 months old who require much more assistance performing daily activities than others their age (i.e. dressing, eating, bathing, moving about the house, and control of bodily functions).
  • Children between the ages of 90 days and 18 years and 3 months who require the constant presence of another and cannot be left alone without supervision even for very short periods of time, due to an inability to discern elements of danger to themselves or to others (i.e. those with moderate intellectual disability, severe illness or a severe mental disorder).
  • Children between the ages of 90 days and 3 years who require constant supervision, cannot be left alone without supervision even for very short periods of time, and who require the presence of another person nearby in order to prevent situations of danger to the child or others to a degree which significantly exceeds that of other children of the same age (i.e. a child whom has severe ADHD or a child whom a diagnosis committee has determined to have mild intellectual disability, and for whom the Ministry of Education has established a special educational framework).
  • Children with a special impairment:
  • Children requiring assistance communicating due to a complete lack of verbal communication (from age 3 until age 18 and 3 months)
  • Children requiring special medical treatment (from age 90 days to 18 years and 3 months)
  • Children ages 3 and up, who are totally dependent on others (require help at all times performing all daily activities such as dressing, eating, bathing, personal hygiene and mobility in the home) are eligible for an additional benefit to the amount of 188%.

Additional Conditions of Eligibility

  • Populations of children that meet the specified criteria must, in addition, meet the following conditions:
    • The child's parent must be insured and an Israeli resident.
    • The child is in Israel.
    • The child is in Israel. Eligibility will be allowed under certain conditions for a child out of the country.
    • The child does not live in a foster home, institution or dormitory that provides therapy services, nursing care or rehabilitation, except in the following cases which may be filed for a child who is in an institution.
      • The parents cover the cost of keeping the child in an institution.
      • The family has another child receiving the disabled child benefit.
      • The child will be released from the institution and confirmation of the release date, and programs that integrate the child into the community
    • A child who is entitled to a benefit and is hospitalized, will continue to receive the benefit for one year from the date of admission. At the end of this year, their eligibility will be reviewed, depending on the reasons for hospitalization:
      • If hospitalization is for the purpose of healing or rehabilitation, payment of the pension will continue beyond the year.
      • Hospitalization that is not for the purpose of healing or rehabilitation is defined as an institution and therefore payment of the pension is terminated.
    • A child staying with a foster family. Since December 2016, a foster child on a respirator is eligible for an additional allowance for a disabled child on a respirator and Disabled Child Benefit and Related Benefits.
    • The child does not receive a mobility allowance, except where specified below.

Entitlement for Child Mobility Benefit for a Disabled Child

  • A child will be eligible for a Mobility Benefit and a Disabled Child Benefit in any of the following cases:
    • Children for whom limited mobility of at least 80% has been established by the medical committee.
    • The medical committee determined that they require a wheelchair and they use one.
    • The medical committee determined that due to impairment the child cannot walk on their own and because of their disability they are unable to use a wheelchair.
    • Two or more siblings are eligible for Disabled Child Benefit, or one child is eligible for disabled child benefit and one child is eligible for child mobility benefit.
  • Children for whom limited mobility of 80% has been established must choose between a Mobility Benefit and a Disabled Child Benefit.
  • One cannot switch to a Mobility Benefit for a disabled child, as long as the family car was purchased through a loan and the loan has not been repaid.
  • In order to verify that receiving mobility benefits will not impact Disabled Child Benefit eligibility, it is important to contact the Disabled Child Department at your local National Insurance Institute branch.


Necessary Preparations

How to claim it?

  • The process consists of the following stages, with the two first steps relevant to all applicants.
What Now? For Further Details Notes
Submit a claim Submitting a Disabled Child Benefit Claim Is important to remember to send all required documents
  • After filing the claim, you will be sent a summons to the medical committee, in accordance with your child's age.
  • In some cases a medical committee hearing may be held במקרים מסויימים ייתכן without requiring the presence of the child.
It is important to arrive at the prescribed time, or to report the inability to attend in advance.
The committee's decision Within 45 days of receiving the claim with all relevant documents, you will be sent the decision, together with the minutes of the medical committee meeting.
If you are not satisfied with the decision, you can appeal within 90 days from the day it was received. Appealing the Decision of the Medical Committee for a Disabled Child
If you are not satisfied with the decision of the Appeals Committee, you can appeal within 60 days to the Regional Labor Court. Appealing the Decision of the Medical Appeals Committee of the National Insurance Institute You may requestfree legal assistance from the legal assistance division of the Ministry of Justice.
A repeat claim may be filed after 6 months, or if there has been a deterioration in health status - with no waiting period. Submitting a Disabled Child Benefit Repeat Claim
If your child (above age 3) is totally dependent on the assistance of others and receives a disabled child benefit without a supplemental benefit, you can request a dependence evaluation. Dependence Evaluation for a Disabled Child Benefit Recipient

Receiving Payment and Retroactive Payment

  • A Disabled Child Benefit is paid from the month in which the claim was filed.
  • A child suffering from a developmental disorder may also receive a benefit for up to half a year before the claim was filed.
  • In the following cases, the benefit may be paid retroactively if, according to submitted medical documentation, the proper conditions of eligibility were met before the claim was submitted:
    • A child who is dependent on others or in need of constant supervision
    • A child requiring special medical care, as well as a child with a special disorder such as Down Syndrome, hearing loss, visual impairment, communication impairment, autism or psychosis and the like, may also receive a benefit for up to one year prior to the claim being filed.
  • A retroactive benefit is not automatic and should be requested along with the main claim submission.

Special Processes

Children on the Autistic Spectrum

  • A benefit claim for a child on the autistic spectrum can be submitted with a request for Recognition by the Office for the Care of the Autistic and P.D.D. Population.
    • After turning to the Ministry of Social Affairs in order to receive benefits, a claim for a disabled child benefit from the National Insurance Institute may be submitted there.
    • Social workers/supervisors from the Welfare Ministry will transfer the claim, together with medical material that they have, to the National Insurance Institute.

Information for the Blind and Visually Impaired

  • According to the National Insurance Institute's Circular as of 02.16.2015, there is no longer a need to undergo an eye examination through the National Insurance Institute and through the Service for the Blind, rather, one of the following tests will suffice:
  • Anyone who first contacts the National Insurance Institute will be reviewed by the Institution; if it will be determined that there is a 90% or higher vision defect, the examination can be subsequently passed over to the Service for the Blind.
  • Within the appeal for review through the Service for the Blind, the opinion of the doctor can be transferred to the Social Security Institute. The doctor will submit his opinion on the degree of incapacity to function (general disability). The National Insurance Institute will make a decision regarding how to proceed, without the need for an additional summons of the claimant.
  • To allow the transfer of medical information between the agencies, the patient has to sign that he agrees to such transference of information.


Benefit Rates

  • Benefit rates (50%, 100%, or 188%) are determined, in part, according to the child's level of functioning, the degree of dependence on the help of others, and medical treatment that the child requires.
  • The total amount of the benefit (at the rate of 100%) is 2,189 NIS as of 01.01.2014, and is correct for 2015 and 2016 (previously 2,149 NIS).
  • Disabled Child Benefit recipients at the rate of 100% or 188% receive an additional 17% supplement of 372 NIS as of 01.01.2014, and is correct for 2015 and 2016 (previously 365 NIS).
  • Benefit rates according to type of disability and child age are listed in this table.
  • As of August 2012 the same benefit is paid to the child who is learning and child who does not learn, in accordance with the rules of eligibility.
  • A child with more than one disability is entitled to receive one benefit - that which entitles him/her to a higher entitlement.

Supplement amount for children who are entirely dependent on the assistance of others

  • As of January 2015, the additional amount for children who are entirely dependent on the assistance of others was raised to 1,029 NIS (amount of the benefit with the addition is 4,203 NIS).
  • Additionally, in accordance with the National Insurance Institute Returns Policy, in light of the updated minimum wage and in order to assist those who require employing assistance, as of 01.04.2015:
    • Children who are completely dependent on the help of others are entitled to a pension at the rate of 188%, a full single pension (instead of 175% previously), which means an additional amount of NIS 285 to their monthly pension.
    • A child who receives 100% in disability and is in need of a respirator at all times, is entitled to an additional benefit.

Families with more than one child with disabilities

  • Families with two or more children entitled to the disabled child benefit are entitled to an increased benefit amount for each of the children. The addition for each child is 50% of the entitlement amount in accordance with the Benefit Rates Table.
  • Families with two children with disabilities who only receive a Disabled Child Benefit for one of them are entitled to an increased benefit amount if the child for which they are not receiving the benefit is not eligible for it due to one of the following reasons:
    • S/he lives in an institution or other facility outside the home.
    • S/he is over the age of 18 and received a Disabled Child Benefit before reaching the age of 18.
  • Families with two children eligible for a Disabled Child Benefit or one child is eligible for a Disabled Child Benefit and the second is eligible for a Mobility Benefit may be entitled to both a Disabled Child Benefit and a Mobility Benefit for each of the children in accordance with each benefit's conditions of eligibility.

Please note

  • A calculator on the National Insurance Institute website can be used to check eligibility to receive two benefits simultaneously.
  • A child may only be admitted to a Rehabilitative Daycare Centers if he/she is eligible for a Disabled Child Benefit.
  • A child with more than one disability is entitled to receive one benefit - that which entitles him/her to a higher entitlement.
  • It is illegal to seize a Disabled Child Benefit; if there is a hold on a bank account, you must contact the executing offices and obtain confirmation of specific removal of the hold for Disabled Child Benefit funds and then submit it to the appropriate parties (bank, etc.).
  • The National Insurance Institute sends a Certificate of Disability to anyone found to be eligible for a Disabled Child Benefit.

Court Rulings

Aid organizations

  • For a comprehensive categorized listing of healthcare organizations offering assistance and support to people with disabilities, click here.

Government agencies

Laws & Regulations

  • NII Circular No. 1972 as of 05/08/2015 Raising allowances for special services and disabled children, and the new supplement for those requiring respirators, following the adjustment of the minimum wage.

Additional publications

Sources

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