Romania - 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?

In Romania, the state ensures a guaranteed minimum income for all residents, regardless of their working and disability status. Persons whose income falls below the guaranteed minimum income are eligible for the social allowance.

At present, only a person with a 3rd degree of disability qualifies for the social allowance, given the fact that the disability allowance is taken into account when the income is calculated.

Give specific details of the following aspects:

 

  • 1 Criteria of eligibility
  1. Age.

    - Minimum:
    18 years
    - Maximum:

  2. Level of disability.
    the only criterion for being eligible for the social allowance is the level of income.
  3. Nationality.
    Nationality is not a condition.
  4. Conditions of residence in the country.

    the applicant must be resident in Romania.

 

  • 2 Financial conditions.
  1. Ceiling.
    - Is the allowance means-tested?

    Yes. All the revenues of the each family member are included in determining the net monthly income of the person, such as: the child allowance, disability allowance, unemployment and all the other permanent pecuniary benefits.

  2. Calculation of financial conditions.

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

    Yes.

    The social allowance is calculated as the difference between the guaranteed minimum income and their net monthly income of the family or single person.

    As of 2014, the guaranteed minimum income is as following:

    a) 28 €* (125 lei) for a single person

    b) 51 €*  (225 lei) for families with 2 members;

    c) 70 €* (313 lei) for families with 3 members;

    d) 88 €* (390 lei) for families with 4 members;

    e) 107 €* (462) lei for families with 5 members;

    f) additional 7 €* (31 lei) for each different member of the family over number of 5 people.

    * at the average exchange rate of 2015

  • 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 quantum of the social allowance is calculated as the difference between the guaranteed minimum income and their net monthly income of the family or single person.

  2. Reduction of the allowance.

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

    n/a

 

  • 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”.

In Romania the minimum wage, as of the 1st of May 2016, is 279,47 € (1.250 lei at the average exchange rate of April 2016).

Since 2014, the poverty line is 109.12 € (485 lei at the average exchange rate of 2014).

  • 5 Payment of the allowance.

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

General Directorate of Social Assistance and Child Protection in each county is the department which attributes the social allowance.

  • 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?
    Yes, The beneficiaries of the social allowance are insured medically for free through the National Health Insurance House, they are exempted from paying property taxes, they benefit of local free transport.

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 Romania, active people who become incapable of working due to an illness or a non-work related accident receive Invalidity Pension.

Specify by giving details of the following aspects:

 

  • 1 Criteria of eligibility
  1. Age.
    Invalidity Pension is paid until the person reaches the legal age for retirement. Then the Invalidity Pension is replaced with the Retirement Pension. Visually impaired persons can retire after working 2/3 of the contributing period, being totally blind.
  2. Degree of disability.

    First degree, characterized by total loss of working capacity and capacity for self-care;

    Second degree, characterized by total loss of working capacity, with capacity for self preservation;

    Third degree, characterized by loss of at least half the capacity for work, the person being able to perform a professional activity, corresponding to more than half the normal working time.

  3. Nationality.
    Not dependent on nationality.
  4. Residency requirements.

    Residency is required.

  5. Other conditions, please give details.
    The beneficiaries have had to contribute to the pension system at least 1 month prior to being incapacitated.

  • 2 Means test.

Only the contributions to the pension system are taken into account when calculating the amount of the Invalidity Pension.

 

  • 3 Amount of the allowance.

The Invalidity Pension is calculated based on the contributions to the pension ssystem. There is a minimum level of 90 € (400 lei at the average exchange rate of 2015).

The third degree of invalidity allows a person to work part time.

 

  • 4 Attribution, payment of the allowance.

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

The National House of Public Pension makes the assessment of the working capacity and calculates the amount of the Invalidity Pension.

The first degree of invalidity is entailed to personal assistance.

  • 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?
    Yes. Invalid pensioners are insured medically for free through the National Health Insurance House, they are exempted from paying property taxes, they benefit of local free transport

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?

People with a visual disability receive a disability allowance to compensate the additional costs entailed by the deficiency.

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

  • 1 Eligibility conditions.
  1. Age.

    - Minimum:

    18

    - Maximum:

    None

    - Duration of the allowance.

    Depending on the severity, type and mostly of the remediable character of the illness which causes the disability.

  2. Degree of disability.

    a)   There are 4 degrees of visual disability based on the visual acuity and field of vision.

    - severe: for visual acuity less than or equal  4% (2 meters).

    - accentuated: for visual acuity less than or equal  8% (4 meters).

    - medium : for visual acuity less than or equal  12%

    - slight: for visual acuity less than or equal  50%

  3. Nationality.
    Not conditioned by nationality
  4. Conditions of residence in the country.
    Beneficiaries must be residents.
  5. Other conditions, give details.
    n/a

 

  • 2 Financial conditions.

The Disability Allowance is given regardless of any other incomes of the beneficiary.

 

  • 3 Amount of the allowance.

- What is the amount of the allowance?

As of 2015, in Romania:

1.    For the severe degree the Disability Allowance has 2 or 3 components:

-        Indemnity/Compensation in the amount of 52.64 €* (234 lei);

-        Complementary Personal Budget (to cover some of the expenses of electricity, communication and radio/TV subscription fees) in the amount of 23.85 €* (106 lei);

-        Personal Assistance allowance only for those within the severe degree whose visual acuity is less than 2%, as of 2016, in the amount of 218 €* (969 lei).

2.    For the accentuated degree the Disability Allowance has 2 components:

-        Indemnity/Compensation in the amount of 43.42 €* (193 lei);

-        Complementary Personal Budget (to cover some of the expenses of electricity, communication and radio/TV subscription fees) in the amount of 17.77 €* (79 lei);

3.    For the accentuated degree the Disability Allowance is in the amount of 8.77 €* (39 lei);

4.    No compensation for the light degree.

*at the average exchange rate of 2015

 

  • 4 Attribution and payment of the allowance.

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

The Disability Allowance is set by the state and attributed through the General Directorates of Social Assistance and Child Protection in each county.

  • 5 Payment of the allowance.

The Disability Allowance is paid monthly.

  • 6 Reduction of the allowance.

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

The reduction occurs when the health of person improves and they have a lighter degree of disability.

 

  • 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?

    Yes.

    A certified disabled person receives the following benefits:

    -        medical insurance for free through the National Health Insurance House;

    -        salary and other incomes tax exemptions;

    -        property tax exemption on the house and the land where they reside;

    -        automobile and road tax exemption;

    -        local free transport;

    -        depending on the degree of disability up to 12 free national trips;

    compensation of the interest loan for acquiring a car and a house.

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