Absolute permanent disability examples
Permanent Disabilities are divided into degrees based on the percentage of reduction of work performance that we suffer in our work activity. They are differentiated in the following degrees:
In cases of qualified incapacity (when it can be accredited that there are real problems in obtaining another job given the ailments suffered) the applicable percentage is raised to 75%.
In both cases, in the case of Total Permanent Disability with 55% (or 75% if qualified) or Absolute Permanent Disability with 100%, a supplement for severe disability can be added when the conditions are met.
Total permanent disability: how much is paid?
The Social Security offers indemnities and pensions for each degree. Details on beneficiaries, causal events or the basic regulations for partial disability, total permanent disability, absolute disability and severe disability can be found on the Social Security website.
If we reach the age of retirement having recognized any of the degrees of disability, two things can happen: we can change our pension (from disability to retirement) or we can make them compatible.
This implies that the tax advantages that exist in the pensions for absolute permanent disability and severe disability are maintained. These payments are exempt from personal income tax, so, despite being renamed as retirement pensions, there will be no changes in this regard. In short: the amount received remains unchanged.
The second scenario involves collecting two pensions at the same time. This can occur in cases of total permanent disability, which prevents us from exercising our usual profession but not another one. However, it must be the case that we have contributed in different Social Security regimes.
How much is the minimum amount to be received for permanent disability
Being a pensioner for total permanent disability translates into a series of tax benefits in the Income Tax Return, or discounts and economic and social aids, which must be taken into account.
The total permanent disability is that which is recognized to a worker who, due to an illness or ailment, is unable to perform his or her usual work functions, protecting the beneficiary economically and including self-employed workers, since the self-employed can also enjoy this economic aid if the case arises.
The answer is yes. As long as it is not in your usual job, with any other job. It is precisely this aspect, being able to work in another type of job, which differentiates total permanent disability from absolute permanent disability, which is another of the four degrees of permanent disability, and which makes it impossible for the person to be hired for any type of employment.
This aspect is included in Article 163 of the General Social Security Law of 2015. As a general rule, it is determined in this one that if a person is entitled to collect two different types of benefits from the State, he/she will have to choose one of them. This is the case with any of the pensions, such as retirement or unemployment.
The Directorate General of Taxes in Consultation V1052-21, of April 21, establishes that an aid to workers with low incomes affected by an ERTE for Personal Income Tax (IRPF) purposes is income subject to taxation classified as a full income from work, since it does not fall within any of the exemption cases contemplated by the regulation.
Therefore, the consideration of a regional aid for ERTE as exempt from taxation depends mainly on how it is drafted in its approval and access requirements in the regulations that support the concession being that, in the case of the particular analysis carried out by Tributos, the regulatory bases for the direct concession of an aid by an Autonomous Community to workers in an ERTE situation does not pass the examination.
And finally, the applicant must be in a situation of ERTE approved by the labor authority (expressly or by administrative silence) and registered with the corresponding Employment and Training Service.