Allowance for the severely disabled (RPGH)
Last update
Persons of legal age who are unable to undertake gainful employment owing to the severity of their disability may, in certain cases, be eligible to receive the allowance for people with severe disabilities (revenu pour personnes gravement handicapées - RPGH).
This allowance is subject to certain legal conditions, which are outlined below.
Who is concerned
Anyone residing in Luxembourg who has a disability that prevents them from undertaking gainful employment can apply for the RPGH.
Prerequisites
To receive the allowance for people with severe disabilities, applicants must:
- be 18 years old at the time of the application;
- exhibit, before the age of 65, at least a 30-percent reduction in work capacity on account of:
- a physical, mental, sensory or psychological impairment; and/or
- psychosocial difficulties that aggravate the impairment;
- be in a state of health such that:
- any work effort is contraindicated; or
- their working skills are so reduced that it is impossible to adapt a job to their needs, whether in an ordinary or a sheltered work environment;
- have obtained the right to reside in Luxembourg, and be domiciled and actually reside there;
- have an income that is below the RPGH limits.
How to proceed
Submitting the application
Applicants must contact the secretariat of the Medical Commission (Commission médicale) of the National Employment Agency (Agence pour le développement de l'emploi - ADEM) to:
- receive an application form; and
- acquaint themselves with the formalities for receiving the allowance for people with severe disabilities.
The application form must be duly completed, dated and signed and, together with the required supporting documents, sent by email to the secretariat of the Medical Commission at: commissionmedicale@adem.etat.lu.
Supporting documents
Applicants must include the following with their application:
- a birth certificate (or equivalent document) establishing that the applicant is at least 18 years of age at the time of the application;
- a recent detailed medical report, issued by the relevant attending physician(s), indicating:
- that the impairment was acquired before the age of 65;
- the presumed causes of the incapacity for work;
- details of their state of health and of the foreseeable evolution of their state of health (if applicable);
- a certificate of nationality or equivalent (for example: a copy of their ID card or passport);
- documents attesting to the capacity of their legal representative (if the applicant needs representation in their legal actions);
- a residence certificate less than 3 months old, issued by the commune of residence, stating that the applicant is domiciled there and actually lives there;
- proof of the right to reside in Luxembourg for more than 3 months (if the applicant is a national of an EU Member State, a state that is a signatory to the European Economic Area (EEA) Agreement, or the Swiss Confederation);
- proof of legal residence in Luxembourg for a period of 5 years during the last 20 years (if the application is submitted by a national of a country other than those listed above).
Note: the residence requirement does not apply to the family members of Luxembourg nationals or nationals of other EU or EEA Member States or the Swiss Confederation, regardless of their nationality.
The application must be accompanied by a recent and detailed medical report, drawn up by ADEM's occupational health practitioner, specifying the percentage reduction in work capacity and certifying that the applicant's state of health is such that any effort is contraindicated (in the case of an application submitted by a job seeker).
Please note that in addition to the supporting documents listed above, the Medical Commission may ask the applicant or an expert for any other document it may deem useful or essential in order to reach a decision on the applicant's reduced work capacity and their state of health.
Procedure and decision
The Medical Commission will:
- determine the applicant's reduced work capacity; and
- rule on the applicant's residual capacity and state of health.
To obtain the RPGH, the applicant state of health must, in principle, be medically stable. If the applicant's state of health is not sufficiently stabilised, the Medical Commission will postpone its decision.
The applicant will be informed of the Medical Commission's decision by registered letter within 2 months of submitting the complete application.
When its final decision has been established, the Medical Commission will forward it, together with the application and all supporting documents, to the National Solidarity Fund (Fonds national de solidarité - FNS).
The FNS will send the applicant a questionnaire to provide the information it requires to process the application.
The age, residency and income criteria will be checked by the FNS, which will inform the applicant of its decision, by registered letter, within one month of receiving the Medical Commission's decision.
The FNS will then inform the Medical Commission of its decision.
If the RPGH is granted, it is due to the beneficiary from the date of the application. The allowance is paid by the FNS.
Duration of validity
The RPGH is paid to the beneficiary as long as the conditions for entitlement are met.
Any change in circumstances that may affect entitlement to the RPGH must be reported to the FNS immediately.
Amount
The gross amount of the RPGH corresponds to the amount of the social inclusion income (revenu d’inclusion sociale - REVIS).
Contributions for health insurance and long-term care insurance are deducted from this amount.
If the beneficiary has been a member of the pension insurance scheme for at least 25 years, the pension insurance contributions are also deducted.
RPGH and other income
Applicants must declare to the FNS all earned and replacement income they receive in accordance with Luxembourg or foreign law.
The sum of all income taken into account for the calculation of the RPGH is reduced by 30 % of the RPGH base amount. The FNS will pay the difference between the base amount and the amount of all income taken into account.
Review and repayment of the RPGH
The FNS will regularly check whether the conditions of entitlement are still met.
In the event of changes in the beneficiary's circumstances, the RPGH may be increased, reduced or withdrawn with retroactive effect.
The FNS may seek to recover sums that have been paid to the beneficiary if:
- the beneficiary received more than they were entitled to;
- the allowance was granted following a material error.
Repayment is mandatory if the beneficiary:
- provided false information to receive the allowance; or
- concealed important facts; or
- neglected to report major events after the allowance was granted.
Means of appeal and application for review
In the event of disagreement with a decision by the National Solidarity Fund (FNS), you may lodge an appeal with the FNS's board of directors within 40 days of the date of notification of the decision concerned.
Decisions taken by said board of directors can be appealed before the president of the Social Security Arbitration Tribunal (Conseil arbitral de la sécurité sociale) within a 40-day deadline from the notification of the decision.
Rulings by the Social Security Arbitration Tribunal can be appealed before the High Council of Social Security (Conseil supérieur de la sécurité sociale) within 40 days of notification.
The final decisions handed down by the Social Security Arbitration Tribunal and the High Council of Social Security may, again within 40 days, be contested by an appeal in cassation.
If there is a fundamental change in the facts and circumstances relating to the claimant's work capacity, the initial decision (relating to the reduction in the claimant's work capacity and their state of health) may be the subject of an application for review.
The application for review must be lodged by the applicant or their guardian with the Medical Commission. It must be accompanied by the same supporting documents as for initial applications.
The Medical Commission will process the application for review under the same conditions and procedures as those defined for initial applications.
It is not possible to submit an application for review while proceedings before the social courts are in progress, or before 6 months have elapsed since the notification of a first decision that has become final.
Who to contact
-
National Employment Agency (ADEM) Medical Commission
- Address:
- 19, rue de Bitbourg L-1273 Luxembourg-Hamm Luxembourg
- Fax:
- (+352) 26 19 08 22
- Email address:
- commissionmedicale@adem.etat.lu
- Website:
- http://adem.public.lu/en/index.html
-
National Solidarity Fund (FNS)
- Address:
-
8-10, rue de la Fonderie
L-1531
Luxembourg
Luxembourg
B.P. 2411, L-1024 Luxembourg
- Phone:
- (+352) 49 10 81 1
- Email address:
- fns@secu.lu
- Website:
- https://fns.public.lu/en.html
-
National Solidarity Fund (FNS) 'Mammerent' pension
- Address:
-
8-10, rue de la Fonderie
L-1531
Luxembourg
B.P. 2411, L-1024 Luxembourg
- Phone:
- (+352) 49 10 81 1
- Email address:
- feduc.fns@secu.lu
-
National Solidarity Fund (FNS) Cost-of-living Benefit Service
- Address:
-
8-10, rue de la Fonderie
L-1531
Luxembourg
B.P. 2411, L-1024 Luxembourg
- Phone:
- (+352) 49 10 81 999
- Email address:
- avc@secu.lu
- Website:
- https://fns.public.lu/en/avc.html
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Related procedures and links
Procedures
Links
Further information
-
Applying for the severely disabled allowance
on the Employment Portal (ADEM)
-
Allowance for the severely disabled
on the website of the National Solidarity Fund (FNS)
Legal references
-
Loi modifiée du 28 juillet 2018
relative au revenu d’inclusion sociale
-
Loi modifiée du 29 août 2008
portant sur la libre circulation des personnes et l'immigration
-
Règlement grand-ducal modifié du 7 octobre 2004
portant exécution de la loi modifiée du 12 septembre 2003 relative aux personnes handicapées
-
Loi modifiée du 12 septembre 2003
relative aux personnes handicapées
- Code de la sécurité sociale
