Applying for the disabled workers allowance

Last update 13.08.2021

The disabled workers allowance (revenu pour salariés handicapés – RSH) is for people with a recognised disability who have residual abilities allowing them to engage in a professional activity but who – for reasons beyond their control – are unable to find a job that meets their needs.

This allowance is subject to certain legal conditions, which are outlined below.

Who is concerned

Anyone with a recognised disability who has residual abilities allowing them to engage in a professional activity but who, for reasons beyond their control, do not have access to paid employment.

Prerequisites

To receive the disabled workers allowance, applicants must:

  • be recognised as a disabled worker;
  • have the right to reside in Luxembourg, be domiciled there and live there;
  • be unable to gain access to salaried employment for reasons beyond their control;
  • have an income that is less than the disabled workers allowance.

How to proceed

Filing an application

After being granted disabled worker status, 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 disabled workers allowance.

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:

  • their birth certificate or a copy of a valid identity document;
  • a copy of the Medical Commission's decision granting them the status of disabled worker;
  • a copy of the decision by the Occupational Counselling and Redeployment Panel (Commission d’orientation et de reclassement professionnel) regarding their placement on the mainstream labour market or in a sheltered workshop;
  • recent documents on the status of their financial resources;
  • documents attesting to the status of legal representative, if the applicant needs representation in their legal actions;
  • a residence certificate dated within the last 3 months, 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 that they have been residing in Luxembourg for at least 5 years in the last 20 years (if the applicant is a national of a State other than those listed above).
    Note: this residency 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.

Applications must be accompanied by:

  • a declaration stating that the applicant does not have access to paid employment for reasons beyond their control (issued by ADEM's department in charge of employment and training); and
  • a certificate of registration as a jobseeker issued by ADEM.

Procedure and decision

Once the application is complete and has been checked by the secretariat of the Medical Commission, ADEM will forward it 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 and will check whether the applicant meets the age, residency and income criteria.

The FNS will then notify the applicant of its decision by registered letter within one month of the Medical Commission's announcement of its decision.

The FNS is responsible for the administration and payment of the disabled workers allowance.

If the disabled workers allowance is granted, applicants are entitled to receive it from the first day of the month in which ADEM forwarded their application to the FNS (as evidenced by the date on which the secretariat of the FNS acknowledged receipt of the application).

Duration of validity

Applicants will continue to receive the disabled workers allowance as long as they:

  • are registered with ADEM; and
  • are unable to find a job due to reasons beyond their control.

Amount

The gross amount of the disabled workers allowance corresponds to the amount of the social inclusion income (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.

Disabled workers allowance and other income

Applicants must declare to the FNS all earned and replacement income they receive in accordance with Luxembourg or foreign law.

The disabled workers allowance is paid by the FNS as income for severely disabled persons (RPGH).

The total income taken into account for the calculation of the RPGH is reduced by 30 % of the RPGH base amount. The FNS pays the difference between the base amount and the total income taken into account.

Reassessment, recalculation and repayment of the disabled workers allowance

The FNS will regularly check whether the conditions of entitlement are still met.

If the elements used to calculate the allowance change, or if the disabled workers allowance has been granted following a material error, the disabled workers allowance may be retroactively increased, reduced or withdrawn.

The FNS may seek to recover sums that have been paid to the recipient or their beneficiaries if:

  • the allowance was granted following a material error;
  • the beneficiary received more than they were entitled to;
  • the beneficiary is no longer registered with ADEM;
  • the beneficiary finds a job;
  • the beneficiary dies.

Repayment is mandatory if the beneficiary:

  • provided false information to receive the disabled workers allowance; or
  • concealed important facts; or
  • neglected to report major events after the allowance was granted.

The National Solidarity Fund may claim repayment of the amounts it disbursed in disabled workers allowance payments from the beneficiary's estate, up to the amount of the estate's assets. The repayment of the amounts disbursed by the National Solidarity Fund in disabled workers allowance payments is guaranteed by the registration of a legal mortgage on the property belonging to the beneficiaries of the disabled workers allowance.

Appeals

Decisions not to grant the disabled workers allowance may be appealed before the Social Security Arbitration Tribunal (Conseil arbitral de la Sécurité sociale).

On pain of ineligibility, appeals must be lodged within 40 days of notification of the decision.

Decisions handed down by the Social Security Arbitration Tribunal can be appealed, in which case the appeal must be lodged with the High Council of Social Security (Conseil supérieur de la sécurité sociale – CSSS) within 40 days of notification of the contested decision.

Who to contact

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