General Disability Pension (Right)

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

Introduction:

A General Disability Benefit is paid to someone who has a disability that, makes them them unable to work, or that has reduced their earning ability to less than 50%.
If a disability pension recipient begins to work, the total combined amount he/she receives from work and the pension will always be higher than the disability pension alone
To calculate an estimated disability pension amount on the National Insurance Institute website, click here or call:02-6463555
The full disability pension amount is 3,272 NIS correct for 2018 (including the additional supplement paid beginning March 2018).
Instructional video - the National Insurance Institute

A General Disability Pension is a monthly benefit paid to those whose physical, mental or psychological impairments affect their ability to earn a living by at least 50% or in the case of a homemaker, affects her ability to function in the household by at least 50%.

  • To determine the degree of incapacity one must be evaluated by a medical committee who will determine the percentage of medical disability.
  • The process of receiving disability is not a simple one, but is also not overly complicated. See the below diagram as well as the detailed steps outlining how to go about the process.
Tip
Before eligibility for the disability benefit is established and until it is received a person can check if he/she is eligible for income support
Warning
There are several ways to receive professional assistance during the process of making a disability claim.

The National Insurance Institute runs Yad Mechuvenet that provides free guidance and assistance for those who are preparing to appear in front of the medical committee.

For more information on other ways to receive assistance see free aid in filing National Insurance Institute disability claims.

Pension rates as of 2018

  • The pension rate including the supplement paid beginning in March 2018 are as follows:
  • The pension amount for someone with a disability of 75% or 100% (the full benefit amount) is 3,272 NIS (including the supplement that used to be referred to as KACHAN.
  • The pension amount for someone with an incapacity of 74% (partial benefit) is 2,209 NIS.
  • The pension amount for someone with an incapacity of 65% (partial benefit) is 1,997 NIS.
  • The pension amount for someone with an incapacity of 60% (partial benefit) is 1,880 NIS.

Dependent supplement

  • This supplement is paid to the recipient of disability benefits for a spouse or partner whose income does not exceed 5,646 NIS (as of 2018). A supplement is also paid for the first 2 children.
  • A full supplement is paid in the following cases:
    • One who has a full established incapacity of (100% or 75%)
    • One who has a partial established incapacity (either 74%,65% or 60%) and is employed earning more than 21% of the average wage - more than 2,080 NIS per month as of 2018.
  • A partial supplement is paid, in varying degrees, when the recipient has established a degree of partial incapacity (either 74%,65% or 60%) and is unemployed or who is employed and earning less than 2,080 NIS per month (as of 2018).
  • A homemaker with disabilities is eligible to receive the supplement for children, but not the supplement for a spouse.
  • Those who receive a General Disability Pension Dependents' Supplement and have an income that does not come from employment (i.e. from property or a pension) - will have that income amount deducted from their supplement. But it is only deducted from the allowance amount (allowance+ additions) that is more than the full allowance amount for an individual person. In any case the allowance paid after the reduction will be at least as much as the full allowance amount for an individual.
  • Income that doesn't come from employment such as: pension, stipend (including a stipend for someone who is learning full-time), income from property, profits from investments, other allowances from the National Insurance Institute or any other agent, including alimony being paid to the allowance recipient (alimony paid to her for her children will not be deducted from the supplemental allowance she receives for her children).
Example
  • A woman receives the full disability allowance (3,272 NIS), and is entitled to a dependents' supplement for her 2 children (1,880 NIS).
  • She receives a total of 5,152 NIS a month which includes her disability pension plus the dependents supplement.
  • She also receives alimony (that is not for her children) in the amount of 1,000 NIS per month.
  • The alimony amount is subtracted from the dependents supplement amount, and therefore the supplement amount will be 880 NIS.
  • The total pension she will receive (the full disability pension plus the decreased supplement amount) is 4,152 NIS).
Example
  • A man receives the full disability allowance (3,272 NIS) and is entitled to a dependents' supplement for his wife (1,175 NIS).
  • He receives a total pension of 4,447 NIS which includes the pension plus the dependents supplement.
  • He has in his possession an apartment that he rents out for 2,000 NIS a month.
  • The amount deducted because of the income from the apartment will be 1,175 NIS, such that the pension he receives after the deduction will be at least the amount of the full pension amount that he receives as a single.
  • For more information about eligibility and supplement rates, see General Disability Pension Dependents' Supplement.
  • Rates from Previous Years

    Wage Incentive Pension

    Who is Eligible?

    • An Israeli resident covered by National Insurance who is between the age of 18 and retirement age (and an employed minor age 16-18), that meet the following conditions:
    • He/she has a physical, mental or psychological impairment from an illness, an accident or a birth defect, and has been determined to have medical disability of at least 60% (or at least 40%, if one of his impairments is at a rate of at least 25%).
    • It has been established that he/she cannot work or has an earning capacity which has been reduced by 50% or more due to the impairment and has an established degree of incapacity or 60%, 65%, 74% or 100%.
    • He/she has no working income as an independent or a salaried employee or has a working income that does not exceed 60% of the average wage - 5,944 NIS per month.
    • For homemakers: A married, Israeli resident between 18 years old and retirement age,who meet all of the following conditions (someone who does not meet all of these conditions will have her benefit considered based on the general conditions listed above):
    • She is not working and has not worked, as an employee or self employed, for 12 consecutive months or 24 of the 48 months (non-consecutively) prior to submitting her claim (or before she stopped working - for those who stopped working after submitting the claim).
    • Her husband has Old Age and Survivor's Insurance
    • She lives with her spouse and has not separated from him for the 24 months which preceded submission of the claim, or after it.
    • Due to her impairment she has no capacity to function in the home, or due to the impairment, her capacity to function within the home has decreased by 50% or more.
    • Anyone who has filed an initial claim for disability pension during the course of their service will be examined as any other insured individual. Information on the performance, in which he/she serves, may be requested for the purpose of assessing earning capacity.
    • One whose disability was established indefinitely, before beginning service, will not have his/her allowance reduced during the time he/she serves.
    • One whose medical disability is temporary, or whose inability to function is for a limited time period, will be required to undergo a medical evaluation to determine continued eligibility.
    • A person who is entitled to a compensation or grant from the Ministry of Defense for one event and to a disability pension from the National Insurance Institute as a result of another event will be entitled to both. (For example, a person who receives a compensation from the Ministry of Defense due to an injury during his military service may be entitled to a disability pension from the National Insurance Institute for impairments that are not a result of that injury).
    • A person who received a general disability pension until the age of entitlement to an old-age pension will receive an old-age pension for a disabled person which will not be less than the amount of the disability pension he received prior to that. For details about eligibility for disability pension recipients who have reached retirement age, see: Old Age Disability Pension.
    • For details on continuing to receive disability when outside of the country; see below.
    Tip
    The income of the spouse does not affect the basic entitlement to the benefit but can affect the entitlement to the Dependent supplement.

    Who is not eligible?

    • Anyone whose incapacity to earn a living was caused by something which happened abroad when he/she was not an Israeli resident is not eligible for a disability pension.
    • A person who entitled to a benefit or grant from the Ministry of Defense and is entitled to a disability benefit from the National Insurance Institute because of the same event, must choose between the two benefits.

    Required Preparation

    • Before submitting a claim, all relevant documentation should be prepared.
    • Those suffering from multiple ailments and disabilities are advised to prepare relevant documentation and tests for each of the disabilities in order to increase the percentage of disability that will be established by the claim.
    • Required documents for specific illnesses can be found here.
    Example
    • If a person submits the application for a specific disease, such as heart disease, it is recommended to examine thoroughly whether he/she is suffering from another illness /disability that will give him/her additional medical disability percentages.
    • In the above example, let's say that in addition to heart disease, the person also suffers from diabetes and subsequently submitted to the committee the documents required regarding the diabetes.
    • Suppose the Medical Board determines :
      • 40% disability with respect to the heart disease
      • 20% disability with respect to the diabetes
    • According to these figures, a weighted medical disability of 52% will be determined.
    • For an explanation of the calculation method and additional information, see weighted medical disability as determined by the National Insurance Institute for multiple diseases

    How to Claim it?

    What Now? For Further Details Notes
    The claim must be submitted as a general disability pension Submitting a General Disability Pension Claim
    • Find out if you are entitled to an expedited processI
    • It is important to attach all required documents
    After the claim is filed, you will be sent a summons to a medical committee. General Disability Medical Committee
    • It is important to get there at the time assigned, or to notify in advance of inability to arrive.
    • In certain cases, the documents sent will be sufficient enough to determine the percentage of disability and one will not need to appear before the medical committee.
    Determination of disability by a General Disability Medical Committee
    • In the following cases, one's case will be transferred to a claims officer to determine the degree of disability:
      • If the medical committee determined that the medical disability is at least 60%.
      • If the medical committee determined that medical disability is at least 40%, and that one impairment is at least 25%.
      • For a homemaker, if the medical committee determined that the medical disability is at least 50%.
    There are rights granted with respect to the percentage of medical disability, independent of the degree of incapacity and eligibility for disability pension.
    Claims Officer's decision Establishing the Degree of Incapacity
    • The Claim's Officer rechecks income, with respect to the percentage of medical disability prescribed to you.
    • The Claim's Officer determines to what extent your medical disability affects your ability to work and to earn (for a housewife, the officer makes a determination based upon ability to function in the home). This determination is based upon the doctor's recommendation and the recommendation of the rehabilitation officer.
    In the case where a recommendation is needed from a rehabilitation officer, they will be summoned for an interview.
    Receipt of the notice
    • An Important Reminder:
      • Your eligibility for a pension is the result of the percentage of disability determined by the medical committee and the degree of incapacity to work determined by the claims officer.
      • These two decisions may be appealed, as described below.
    Pension Plan Payment
    • For one who the degree of disability entitlement has been determined, the benefit will be paid 90 days after the date the degree of incapacity has been determined.
    • One who receives Sick Pay will begin to receive the payment allowance when the sick pay has finished being paid.
    • Retroactive entitlement to payment of the allowance will be for a maximum of 12 months prior to the filing of the claim.
    • The General Disability Pension is paid on the 28th of the month to the bank account of the pension recipient, or to the account of the guardian.
    *Someone that has an established disability of 100% for a period of at least 6 months is eligible to be a disability allowance from the 31st day from when disability was established.
    If you are not satisfied with the decision of the medical committee, you can appeal the decision within a 60 day period of time. Appealing a Medical Decision Regarding Disability
    • According to the National Insurance Law, in cases where the medical committee determined less than 80% disability, one can appeal the decision.
    • Additionally, the court has decided in cases which the degree of disability is higher, one can still file a claim to appeal the decision of the medical committee.
    • It is preferable to submit the appeal on the date prescribed by law (within 60 days), to the extent possible, but the National Insurance Institute does not reject appeals filed within 90 days.
    If you are not satisfied with the decision of the Appeals Committee, you may submit an appeal to the regional labor court within 60 days (for legal questions only). One may request free legal aid from the Department of Legal Aid in the Justice Department.
    If you are not satisfied with the degree of incapacity prescribed to you, you will in some cases be eligible to appeal the decision of the claims officer within 90 days. Appealing a decision relating to disability
    • You can appeal two types of decisions regarding the degree of incapacity:
      1. a decision that the ability to work has not been list, or that loss of ability to work is less than 50%.
      2. a decision that the level of inability to work does not exceed 74%.
    • In the case that the Medical commission is considering reducing the degree of incapacity, one is entitled to cancel the appeal and leave the degree of incapacity as determined by the claims officer.
    If you are not satisfied with the decision of the Appeals Committee, you may submit an appeal to the regional labor court within 60 days (for legal questions only). One may request free legal aid from the Department of Legal Aid in the Justice Department.
    * If you wish to appeal a decision of the claims officer not related to the level of incapacity (issues such as periods in which you worked, your age, your education, your salary etc.').
    • You can file a request for reevaluation of determination by the claims commission within 6 months from the day you received notification of the rejection of your pension by a claims officer.
    • Alternatively, if you are not satisfied with the results of the Claims Committee hearing, you can submit an appeal to the regional labor court within 12 months from when you received notification of the rejection of your pension by a claims officer.
    • The Claims Committee is only authorized to recommend that the claims officer re-consider it's decision (in cases where it finds this to be appropriate).
    • In appealing the regional labor court, you can request free legal aid from the Department of Legal Aid in the Justice Department.
    • If the claim for a pension was rejected because the person has not made National Insurance payments, they may be entitled to a justice grant.
    One may refile a claim after 6 months, or if there has been a deterioration in health condition with no waiting period required. Reexamination of Disability Pension Eligibility

    Payments when Abroad

    • One who receives the pension payment and goes abroad will continue to receive the payment in the month that s/he has gone abroad, from the beginning of the following month, and for a period of three further months.
    • Payment abroad can continue after this time period under the following circumstances:
      • the recipient or his/her spouse receives the pension by an Israeli employer abroad.
      • the recipient is receiving special medical treatment abroad.
      • a stay in a country which has signed a treaty with Israel that includes the disability insurance industry (for details,see National Insurance Institute's Website)
    • After returning to Israel, the payment of the pension will be renewed, beginning on the 1st day of the month in which s/he returned.

    Please Note


    Aid Organizations

    For a list of agencies who help people with disabilities, see here.


    Government Agencies

    Court Rulings

    "Value of use of a vehicle" is a salary component taken into account in the examination of entitlement to an old-age pension or a general disability pension

    Laws and Regulations

    Additional Publications

    Credits