Bulgaria - Article 28

I - The resources and income of disabled people.

  1. Are there specific legislative procedures for disabled people to enable them to have a minimum of resources ?
  2. Do laws exist in your country to enable a minimum of resources for people who become disabled during their working lives ?

II - Disability compensation.

I –THE RESOURCES AND INCOME OF DISABLED PEOPLE.

A) An average of 70% of blind and seriously partially-sighted people of working age are unemployed. Are there specific legislative procedures for disabled people in your country to enable them to have a minimum of resources?

Yes

  • If yes: what are these allowances?

Under Bulgarian Social Insurance Legislation there is no difference between the allowances of disabled people who are unemployed and those that are working. There is not any specific rule that distinguishes both groups about their rights of minimum of their resources.

There is a difference in the procedure and the rights of people with disabilities depending if they have been insured, for a definite period of time regarding their age, or not.

In Bulgarian insurance law exists “Social Disability Pension”, defined in Art. 90a of Bulgarian Social Security Code (SSC), as follow:

“Article 90a. Social Disability Pension

(1) Persons, who have reached the age of 16 and have permanently reduced capacity to work/type and degree of disability of over 71 percent, shall be entitled to a social disability pension.

 (2) The social disability pension for people with a permanently reduced capacity to work/type and degree of disability of over 90 percent shall amount to 120 percent, and for people with a permanently reduced capacity to work/type and degree of disability of between 71 and 90 percent - to 110 percent of the social pension for old age.”

Under Bulgarian legislation there are also baSSC provisions about the social insurance rights of people with disabilities who have contributory service (Art. 12 Par. 1 and Art. 13, Par. 1 of SSC, as follows:

“Article 12. Social Insurance Entitlement of Persons Insured against Employment Injury and Occupational Disease

(1) (Amended, SG No. 1/2002) Persons insured against employment injury and occupational disease shall be entitled to:

 1. cash benefits for temporary disability through employment injury or occupational disease, sanatorium treatment, urgent medical examination, medical tests and/or treatment;

 2. cash benefits for preventive care and rehabilitation;

 3. employment-injury or occupational-disease invalidity pension;

 4. amounts for technical aids related to the impairment.”

“Article 13. Social Insurance Entitlement of Persons Insured against Disablement by

common disease, Old Age and Death

(1) (Amended, SG No. 1/2002) Persons insured against disablement by common disease, old age and death, shall be entitled to:

1. common disease invalidity pension;

2. contributory-service and retirement-age pension;

3. cash allowances for technical aids related to the impairment.”

According to Art. 103 SSC is defined Attendance Supplement as follow:

“Article 103. Attendance Supplement

Pensioners with permanently reduced working capacity/type and degree of disability exceeding 90 per cent who constantly need attendance shall receive a supplement to the pension assigned thereto at the amount of 75 per cent of the social old-age pension.”

Give specific details of the following aspects:

  • 1 Criteria of eligibility
  1. Age.

    - Minimum:
    16
    - Maximum:
    n/a

  2. Level of disability.

    - About Social Disability Pension in Art. 90a, Par. 1 SSC defines that persons, who have reached the age of 16 and have permanently reduced capacity to work/type and degree of disability of over 71 percent, shall be entitled to a social disability pension.

    - About Invalidity Pensions, according to Art. 72 SSC“An invalidity pension shall be granted to persons with permanently reduced working capacity/type and degree of disability equal to 50 per cent and exceeding 50 per cent.”

  3. Nationality.
    Bulgarian citizens
  4. Conditions of residence in the country.
    n/a

 

  • 2 Financial conditions.
  1. Ceiling.
    - Is the allowance means-tested?
    Yes
    If YES, does the ceiling take into account the family situation of the person?
    No
  2. Calculation of financial conditions.

    - If the allowance is means-tested, state under what conditions.

    Under Par. 6, p. 1 of Transitional and Final Provisions of SSC “The maximum aggregate of one or several pensions granted prior to 31 December 2018, net of the supplements thereto, shall be determined, reckoned from the 1st day of July of each calendar year, as equal to 35 per cent, and from the 1st of July 2019 - 40 per cent of the maximum contributory income for the same calendar year as fixed by the Public Social Insurance Budget Act.” According to Art. 9, Par. 1, p. 4 of Public Social Insurance Budget Act for 2016 “Maximum contributory income is 2600 Bulgarian levs (BGN).”

  • 3 Amount of the allowance.
  1. Normal rate.

    - What is the amount of the allowance given to people with no other income, state briefly how the allowance varies according to other income or resources.

    The amount of the Social Disability Pension is given by the provision of Art. 91a, Par. 2 SSC like “The social disability pension for people with a permanently reduced capacity to work/type and degree of disability of over 90 percent shall amount to 120 percent, and for people with a permanently reduced capacity to work/type and degree of disability of between 71 and 90 percent - to 110 percent of the social pension for old age.” According to Art. 89a, Par. 2 SSC “The amount of the social pension for old age, as well as the conditions for receiving it, shall be determined by the Council of Ministers upon a proposal from the Ministry of Labour and Social Policy and the National Social Security Institute.”

    The amount of Invalidity Pensions is given by a formulas and depends of the length of contributory service (including the period when the person is disabled, contributory income, age etc.

  2. Reduction of the allowance.

    - State briefly under what circumstances the allowance may be reduced.

    see above

  • 4 Minimum wage and “poverty line”.

- In order to compare the situation in different EBU member states, please indicate the minimum wage (if this exists in your country) for a full-time worker, and what is considered to be “the poverty line”.

Minimum wage (minimum salary) exists as a fixed amount for everyone – it is 420.00 Bulgarian levs (BGN). The amount is defined by the Public Social Insurance Budget Act for 2016.

The “poverty line” for 2016, was specified by Bulgarian Counsel of Ministers in its Act 296 from 31.10.2015.

  • 5 Payment of the allowance.

 - What are the organisations which calculate and attribute the allowance?

The pensions described above are calculated and attributed by the Bulgarian National Social Security Institute (a state institution).

  • 6 Tax treatment of allowances and fringe benefits.
  1. Tax. Is the benefit subject to tax?
    No
  2. Fringe benefits. Does this allowance accord any fringe benefits?
    No

B) Do laws exist in your country to enable a minimum of resources for people who become disabled during their working lives?

Yes

  • If yes : what is the name of the allowance ?

In Art. 12 Par. 1 of SSC is specified the Social Insurance Entitlement of Persons Insured against Employment Injury and Occupational Disease, as was given in Section I. A).

Given responds in Section I. A) are applicable for that section, as well. Please take in consideration the same answers.

There is no other provision that enable a minimum of resources for people who become disabled during their working lives

Specify by giving details of the following aspects:

 

  • 1 Criteria of eligibility
  1. Age.
    n/a
  2. Degree of disability.
    n/a
  3. Nationality.
    n/a
  4. Residency requirements.
    must be a resident of Austria
  5. Other conditions, please give details.
    n/a
  • 2 Means test.

n/a

  • 3 Amount of the allowance.

n/a

  • 4 Attribution, payment of the allowance.

- Who attributes the allowance: State, local government, others, give details.

  • 5 Tax treatment of allowances and fringe benefits.
  1. Tax. Is the benefit subject to tax?
    No
  2. Fringe benefits. Does this allowance accord fringe benefits?
    No

II – DISABILITY COMPENSATION.

A visual disability (blindness or serious loss of sight) entails additional costs which must be met. Is there a specific allowance in your country to compensate for these costs?

Yes

  • If yes, give the name of this allowance and reply to the following questions.

- In Art. 42 of Bulgarian Law of the Integration of People with Disabilities (LIPD) is defined the allowance for social integration, for people with disabilities, as follow:

“Article 42

(1) People with permanent disabilities shall have the right of monthly allowance for social integration according to the kind and the level of disability and their personal necessities.

(2) The allowance referred to in Paragraph 1 shall be differentiated and shall present pecuniary means supplementary to the own incomes and shall be allocated for covering of additional expenses for:

1. transport services;

2. information and telecommunication services;

3. education;

4. spa recreation and rehabilitation services;

5. healthy diets and medicines;

6. accessible information;

7. satisfying other basic living necessities.”

- In Art. 44 of LIPD is defined the earmarked allowances and relief, for people with disabilities, as follow:

“Article 44

(1) People with permanent disabilities, according to their necessities shall have the right of earmarked allowances and relief for:

1. purchase and adaptation of personal vehicle and adaptation of a parking place;

2. import of personal vehicle;

3. reconstruction of the home;

4. attendants for persons with impaired sight, persons with impaired movement and interpreters for persons with impaired hearing.

(2) The import, by people with permanent disabilities, of personal vehicles whose equivalent price in BGN, capacity and power of the engine are up to certain indicators set up by the Council of Ministers, shall be free of duty taxes and free of value added tax under the Law on the value added tax.

(3) People with disabilities, according to their necessities, shall have the right of earmarked allowances and relief for purchase and repair of technical supportive devices, facilities and appliances for compensation of the disability, following the list, approved annually by the Minister of the Labour and Social Policy".

  • 1 Eligibility conditions.
  1. Age.

    - Minimum:

    16

    - Maximum:

    None

    - Duration of the allowance.

    The allowance is temporary if the medical assessment of VIP is for fixed period otherwise it is life long.

  2. Degree of disability.

    - Allowance for social integration:

    1. Allowance for social integration for transport services – 71 and above 71%

    2. Allowance for social integration for information and telecommunication services – above 90%

    3. Allowance for social integration education – 50 and above 50%

    4. Allowance for social integration for spa recreation and rehabilitation services – above 90%

    5. Allowance for social integration for healthy diets and medicines – 71 and above 71%

    6. Allowance for social integration for accessible information – 50 and above 50%

    7. Allowance for social integration for satisfying other basic living necessities – 71 and above 71%

    - Earmarked allowances and relief :

    1. Earmarked allowances and relief for purchase and adaptation of personal vehicle and adaptation of a parking place – above 90%

    2. Earmarked allowances and relief for import of personal vehicle – 50 and above 50%

    3. Earmarked allowances and relief for reconstruction of the home – above 90%

    4. Earmarked allowances and relief for attendants for persons with impaired sight, persons with impaired movement and interpreters for persons with impaired hearing– above 90%

  3. Nationality.
    Bulgarian Citizen
  4. Conditions of residence in the country.
    n/a
  5. Other conditions, give details.

 

  • 2 Financial conditions.

- Earmarked allowances and relief for purchase and adaptation of personal vehicle and adaptation of a parking place is applicable for people with disabilities if the average monthly income per a member of their family, for last 12 months, is equal to or lower than the triple amount of the “poverty line”;

- Earmarked allowances and relief for reconstruction of the home is applicable for people with disabilities, who use while chair if the average monthly income per a member of their family, for last 12 months, is equal to or lower than the double amount of the “poverty line”.

  • 3 Amount of the allowance.

- What is the amount of the allowance?

- Allowance for social integration:

1. Allowance for social integration for transport services – 15 percent of the “poverty line”

2. Allowance for social integration for information and telecommunication services – 15 percent of the “poverty line”

3. Allowance for social integration education – 20 percent of the “poverty line”

4. Allowance for social integration for spa recreation and rehabilitation services – triple amount of the “poverty line” (the amount for the guide is the same, in case the documents require the disabled person to be accompanied)

5. Allowance for social integration for healthy diets and medicines – 15 percent of the “poverty line”

6. Allowance for social integration for accessible information – 15 percent of the “poverty line”

7. Allowance for social integration for satisfying other basic living necessities – it depends of the renting rate in the housing order

 

- Earmarked allowances and relief :

1. Earmarked allowances and relief for purchase and adaptation of personal vehicle and adaptation of a parking place – 1200 Bulgarian levs (BGN)

2. Earmarked allowances and relief for import of personal vehicle – according to special conditions of Bulgarian Counsel of Ministers

3. Earmarked allowances and relief for reconstruction of the home – up to 600 Bulgarian levs (BGN)

4. Earmarked allowances and relief for attendants for persons with impaired sight, persons with impaired movement and interpreters for persons with impaired hearing – up to 10 hours per year (the amount per hour is 5 Bulgarian levs (BGN) – total amount is up to 50 Bulgarian levs (BGN) per year.

5. Earmarked allowances and relief for purchase and repair of technical supportive devices, facilities and appliances for compensation of the disability – Minister of Labour and Social Policy in coordination with the Minister of Finance and Minister of Economy determine and update the limits per each of them, by order.

 

  • 4 Attribution and payment of the allowance.

- Which organisations attribute and pay the allowance:
State, local authorities, please give details.

The attribution and payment of all of allowances in this section is provided by Bulgarian Ministry of Labor and Social Policy and its Agencies.

Earmarked allowances and relief for attendants for persons with impaired sight is arrtibuted and payed by the Ministry of Labor and Social Policy but through Union of the Blind in Bulgaria – according to Art. 52 of the Rules of Implementation of Law of the Integration of People with Disabilities.

  • 5 Payment of the allowance.

n/a

 

  • 6 Reduction of the allowance.

- State briefly under what conditions the allowance can be reduced.

n/a

 

  • 7 Tax system of the allowance and fringe benefits.
  1. Tax system.
    Is the allowance subject to tax?

    No
  2. Fringe benefits.
    Does the allowance offer fringe benefits?

    No

    - If yes, give details.