The Federal Act on General Aspects of Social Security Law (in force since 1 January 2003) defines invalidity as "a total or partial incapacity to work that is likely to be permanent or persist for the foreseeable future".
This is understood to mean "the continuing full or partial loss of ability to take up employment in the relevant job market due to impaired health in spite of reasonable treatment and rehabilitation". The term 'incapacity to work' also covers the inability to perform everyday tasks (e.g. housework, parenting, education). The following three elements must be present before a person can claim benefits and measures provided under the IV/AI scheme: an impairment to health owing to a congenital infirmity, illness or accident which effects the person's capacity to work (medical element); permanent or protracted incapacity to work (economic element); and the presence of a causal link between the two.
The primary benefits to which individuals with an invalidity are entitled are measures that prevent a deterioration in their health status, remedy the health impairment (specific medical measures) or mitigate its effects (provision of assistive devices and occupational measures). An IV/AI pension is a secondary entitlement.
Last modification 01.07.2024