Disability recognition in Spain: steps, procedures and benefits
People with disabilities enjoy numerous advantages and benefits in Spain.
The question of when you are considered a person with a disability in Spain and how this status must be officially recognised and proven is therefore relevant.
Especially for foreigners who have had their degree of disability assessed in their home country, there are often uncertainties as to whether and how their disability card and degree of disability are recognised in Spain.
In this specialist article, you will learn step by step how the process for disability recognition in Spain works.
I will explain the requirements, the competent authorities, the specific procedure and the documents required.
Finally, I mention the tax benefits and other support services that people with disabilities are entitled to in Spain.
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When are you considered a person with a disability in Spain?
According to the Spanish decree on equal opportunities, non-discrimination and universal accessibility for people with disabilities, people who have been assessed with a degree of disability of at least 33% are considered to be people with disabilities.
In particular, the following people are considered to have a degree of disability equal to or greater than 33% in Spain:
- Pensioners of the Spanish Social Security (‘Seguridad Social’) who receive a recognised permanent disability pension with the degree of total, absolute or severe disability, and
- Pensioners in the passive classes (‘clases pasivas’) who receive a recognised retirement pension due to permanent incapacity for work.
For income tax purposes, the above-mentioned regulation is also used to categorise a person as disabled (see Art. 72 Reglamento IRPF).
Furthermore, a degree of disability of 65% or more is recognised for income tax purposes in the case of persons whose disability has been judicially determined.
How must the disability status be proven in Spain?
In order for a disability to be recognised by the competent administrative authorities in Spain (in particular the tax authorities), one of the following documents is required as proof:
- Resolution or certificate (‘certificado’) on the degree of disability issued by the competent body of the Autonomous Communities (‘Comunidades Autónomas’) or the Institute of Elderly People and Social Services (“Instituto de Mayores y Servicios Sociales – IMSERSO).
- Resolution of the Spanish National Social Security Institute (Instituto Nacional de la Seguridad Social – INSS) on the status of the disability pension
- Resolution of the Ministry of Economy and Finance or the Ministry of Defence on the recognition of a retirement pension due to permanent incapacity for work
- Spanish court judgement on disability
Will my foreign disability card be recognised in Spain?
There are plans to create a European disability card within the EU.
However, there is currently no EU legislation in force that regulates and authorises the mutual recognition of disability status between member states.
Consequently, a disability assessed and recognised abroad is not valid in Spain.
The Spanish authorities are therefore not obliged to accept a foreign disability card or other certifications of disability status. Not even if a certified translation with an apostille is available.
However, it is possible to have the degree of disability determined abroad recognised in Spain in order to obtain the associated rights and benefits in Spain.
Firstly, it is essential to request an assessment in Spain to ascertain the degree of disability.
In Spain, only disability cards whose certified degree of disability has been recognised or assessed according to the official Spanish assessment procedure are currently taken into account.
What are the requirements for accessing the Spanish assessment procedure?
There are no specific requirements that must be met in order to access the procedure for recognising, qualifying and assessing the degree of disability in Spain.
You need to have your address registered in a municipality of an autonomous region (e.g. Andalusia, Valencia) in Spain and to legally reside in Spain as a foreigner.
Who is responsible for disability recognition in Spain?
Responsibility for recognising and reviewing the degree of disability in Spain lies with the responsible authorities of the Autonomous Community where the person concerned has their place of residence, as well as with the IMSERSO for the cities of Ceuta and Melilla.
Multi-professional teams for the qualification and recognition of the degree of disability, which are made up of specialists from the health sector and from the social sector, carry out the assessment of the disability situation and the rating of the degree of disability.
These teams are generally located in Centres for the Assessment and Guidance of persons with disabilities (‘Centro de Valoración y Orientación’ – CVO), which are set up for this purpose in various locations in the Autonomous Community.
The regional Departments for Social Affairs (‘Consejerías de Asuntos Sociales’) are responsible for issuing the resolution recognising the degree of disability.
How does the recognition procedure work in Spain?
The disability recognition in Spain is a necessary formal process determined by the Autonomous Communities.
Foreigners must go through the same steps as Spanish applicants.
In general, the procedure includes the following steps:
1) Application with the required documentation
2) Citation for a medical, psychological and/or social examination at a designated assessment centre.
3) Recognition at the Disability Assessment Centre
If the particular circumstances of the persons concerned so require, the disability assessment teams may give their opinion on the basis of medical, psychological or, where appropriate, social reports from authorised professionals, without carrying out an additional examination.
4) Carrying out the relevant tests and examinations by the assessment teams, if necessary
5) Issuing of a proposed expert opinion (‘dictamen propuesta’) by the teams, on which the decision for recognition is based.
6) Resolution (‘resolución’) on the recognition of the disability by the regional Ministry of Social Affairs.
How and where can the application for recognition of disability be submitted?
The application for recognition of the degree of disability can be presented at any time as follows:
- In person at the registration points of the Autonomous Communities or by post.
Such registration points can usually be found at the town hall (‘ayuntamiento’), at specially established service offices, at the assessment centres or regional social ministries.
An appointment (‘cita previa’) is generally required to submit an application in person.
- online via the corresponding website (‘sede electrónica’) of the respective autonomous region with an electronic certification
What documents are required?
The documents required for disability recognition in Spain may vary depending on the Autonomous Community.
In general, at least the following documents are required:
- Official application form for recognition of the degree of disability of the respective Autonomous Community
The application form is available at the service offices and disability assessment centres or can be downloaded from the corresponding website.
- Proof of identity and, if necessary, proof of representation or de facto guardianship
- Certificate of registration of address with the Spanish municipality (‘empadronamiento’)
- Medical, psychological and/or social reports proving the alleged disability
- Certified translations of foreign expert opinions and reports into Spanish
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- Accreditation of legal residence for non-Spanish citizens
- The NIE number, if applicable
If the application and documents are found to be deficient or incomplete, you will be notified so that you can submit the required documents and/or correct the deficiencies in the application within 10 days.
Is the degree of disability from abroad recognised in Spain?
Recognition and Assessment of the degree of disability may be subject to different assessment standards in Spain.
The Spanish authorities are not obliged to accept the degree of disability assessed abroad 1:1. They have the option of assessing the degree of disability differently according to their own standards. This means that the degree of disability may be higher or lower than the degree determined abroad.
If the foreign degree of disability contains a very detailed and clear assessment close to Spanisch standard, an additional examination may not be necessary in Spain. In many cases, however, a new medical assessment is carried out to determine the degree of disability.
The competent administration (usually the Directorate of the Ministry of Social Affairs of the autonomous region) issues an explicit resolution recognising the degree of disability on the basis of the proposed assessment.
In cases where mobility difficulties are identified, the decision will expressly state whether there are mobility difficulties when using public transport and the condition of reduced mobility for the purposes of issuing the parking permit for disabled persons.
The degree of disability is deemed to have been recognised from the date of application.
The decision must also state when a new review of the disability situation is to take place, if applicable.
The resolution will be made and communicated within a maximum period of six months from the date of application.
The process of recognising a foreign disability can therefore take several months, depending on the complexity of the case and the assessments required.
You must be prepared for a lengthy procedure.
Will I receive a Spanish disability card?
Together with the decision, you will be issued with a ‘Tarjeta acreditativa de persona con discapacidad’, if the degree of disability is 33% or more.
This disability card is valid throughout Spanish territory, provided that the degree of disability has been recognised in accordance with the procedure laid down in the Spanish decree.
The card indicates, among other things, the degree of disability, the period of validity and, if applicable, mobility difficulties and the need for a third person.
How long is the recognition of the degree of disability valid for?
The decision to recognise the degree of disability can be temporary or permanent.
The degree of disability is recognised permanently if no improvement was foreseeable within an approximate period of time at the time of assessment.
In this case, recognition of the degree of disability is not subject to a period of validity after which it must be reviewed or loses its validity.
For some people, the disability is initially recognised for a certain period of time, with a subsequent review.
When is the degree of disability reviewed?
The degree of disability is always reviewed and reassessed if a change in the circumstances that led to the degree of disability being recognised is foreseeable and becomes known; in any case, however, on the review date specified in the decision on recognition.
The degree of disability can be revised ex officio or upon application.
However, an application for a new review of the disability status due to deterioration or improvement of the state of health can be submitted at the earliest two years after the decision has been issued. There are exceptions to this deadline in the event of a significant change in circumstances or serious diagnostic errors.
Existing material, factual or mathematical errors can be corrected at any time ex officio or at the request of the person concerned.
What are the advantages of having the degree of disability recognised in Spain?
If your degree of disability has been recognised with a percentage of 33% or more according to the Spanish assessment procedure, you will have access to all services and benefits available to people with disabilities in Spain.
People with a recognised disability can, for example, receive the following benefits or advantages in Spain:
Tax benefits:
- such as higher or additional allowances for
- personal income tax (IRPF) and
- inheritance and gift tax (‘Impuesto sobre Sucesiones y Donaciones’)
- Possible exemption from the registration tax for vehicles (‘Impuesto de matriculación’) and
- the road tax at the municipality (‘Impuesto de circulación’)
- Lower value added tax (IVA)
- Subsidies and/or aids of an individual nature for rehabilitation treatments, aids, accessibility and adaptations in the home, etc.
- Access to social housing
Reductions on public transport:
- Discounts on tickets for public transport and also for cultural and leisure events
- Parking permit for people with reduced mobility
Access to specific health services:
- Healthcare and pharmaceutical services
- as well as mobility allowance and compensation for transport costs.
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Labour law benefits:
- Access to employment support measures for people with disabilities.
- Adaptation of the workplace
Other assistance and services for people with disabilities provided by the competent municipal, regional or state bodies in the field of social services or by private social initiatives.
Note: The benefits may be subject to further conditions.
Conclusion
A disability card issued abroad or an assessed degree of disability is not automatically recognised in Spain.
The recognition of a (foreign) degree of disability in Spain requires a
- Application to the competent Spanish authorities of the respective autonomous region,
- the checking of medical documentation and
- if necessary, a medical examination in Spain.
The procedure and requirements for recognising the disability may vary depending on the Autonomous Community.
It is possible that the Spanish assessment teams may evaluate the degree of disability established abroad differently.
If the disability is recognised with a degree of at least 33% according to the Spanish assessment procedure, you can claim the corresponding rights and benefits in Spain.
It is important that you have all the necessary documents to hand, especially certified translations of the medical reports.
Please also note that the procedure can be lengthy.
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