Disability degree: what rights and allowances you receive

The rights you receive depend on the disability degree written in the certificate: the severe and accentuated degrees give a monthly allowance plus a complementary personal budget, the moderate degree usually gives only the complementary budget, while the mild degree brings mainly benefits, not money. On top of these come tax exemptions, free transport and, for the severe degree, the right to a personal assistant or a companion allowance. All of these are regulated by Law 448/2006.

This guide is the natural continuation of the article on how to obtain the disability certificate — there you learn how the certificate is obtained, here you learn what it gives you.

The legal framework, in brief

The rights and benefits of people with disabilities are established by Law no. 448/2006 (privind protecția și promovarea drepturilor persoanelor cu handicap — on the protection and promotion of the rights of people with disabilities, republished), together with its implementing rules. The authority that coordinates the field at national level is ANDPDCA — Autoritatea Națională pentru Protecția Drepturilor Persoanelor cu Dizabilități, Copii și Adopții (the National Authority for the Protection of the Rights of Persons with Disabilities, Children and Adoptions). Tax exemptions are additionally regulated by the Codul fiscal (the Fiscal Code).

The money amounts are tied to the social reference indicator (ISR) and are updated periodically, so in this article we describe the structure of the rights, not fixed figures — for up-to-date values, check with DGASPC and on anpd.gov.ro.

Money-related rights, by degree

Severe degree

The most extensive package of rights:

• monthly allowance;
• monthly complementary personal budget;
• personal assistant (for the severe degree “with personal assistant”) or companion allowance;
• tax exemptions, free transport and the other benefits below.

Accentuated degree

• monthly allowance;
• monthly complementary personal budget;
• tax exemptions and free transport (see below).

Moderate degree

• monthly complementary personal budget (usually without a monthly allowance);
• some benefits, under the conditions of the law.

Mild degree

• no money-related rights, in general;
• possible limited benefits, according to the regulations.

The complementary personal budget is granted regardless of income and covers additional costs linked to the disability. Where a monthly allowance also exists (severe, accentuated), the two are cumulated.

Personal assistant or companion allowance

For the severe degree “with personal assistant”, the law provides two options, to choose from:

• personal assistant — a person (often a family member) employed and paid by the town hall to care for the person with a disability; or
• companion allowance — a monthly sum paid to the person with a disability, as an alternative to hiring a personal assistant.

The option is exercised at the social assistance department of the town hall of residence. For blind people with a severe disability, the law also provides the right to a companion.

Tax exemptions and benefits

Depending on the degree (in particular severe and accentuated), you may benefit from:

• exemption from income tax on salaries (for people with a severe or accentuated disability, if you are employed);
• exemption from the tax on the building and land relating to your residence;
• exemption from paying the road tax vignette (rovinietă);
• exemptions/reductions on the vehicle tax, under the conditions of the law;
• subsidised interest on a loan for adapting your home or vehicle, as the case may be.

The exemptions are not applied automatically — you request them at ANAF / the local taxes and fees service, presenting the certificate.

Transport and mobility

• free urban transport by public transport (severe and accentuated);
• a number of free journeys per year on intercity transport (train, bus), including, where applicable, for a companion;
• a free parking permit card for people with disabilities, obtained from the town hall;
• adapted parking spaces and facilitated access, according to local regulations.

The concrete conditions (the number of journeys, the operators) are set locally, so check with the town hall and with the transport operators in Cluj.

How you actually receive the rights

The certificate sets your degree, but the rights must be activated at the right institutions:

• monthly allowance, complementary budget, personal assistant / companion allowance → at the social assistance department of the town hall of residence (respectively DGASPC);
• tax exemptions → at ANAF / local taxes;
• parking card → at the town hall;
• benefits as an employee → through your employer.

Keep several copies of the certificate — you will need one at each institution.

Reassessment: don’t lose your rights

If the certificate is issued for a fixed term, submit the reassessment file before it expires, with up-to-date medical documents. Otherwise, payment of the rights may be suspended until renewal. For stabilised conditions, the commission may grant a certificate with permanent validity. Check the deadline written in the document and book your appointment in good time.

Key points

• Severe / accentuated → monthly allowance plus complementary budget; moderate → complementary budget; mild → mainly benefits.
• The severe degree “with personal assistant” → a personal assistant paid by the town hall or a companion allowance.
• Tax exemptions, road vignette, free transport, parking card — but they must be requested at ANAF and the town hall.
• The amounts are tied to the ISR and change — check the up-to-date values at DGASPC and anpd.gov.ro.

Sources

• Law no. 448/2006 on the protection and promotion of the rights of people with disabilities (republished).
• The implementing methodological rules of Law 448/2006 (HG 268/2007, as subsequently amended).
• The Fiscal Code (Law no. 227/2015) — tax exemptions for people with disabilities.
• ANDPDCA — the National Authority for the Protection of the Rights of Persons with Disabilities, Children and Adoptions (anpd.gov.ro).
• DGASPC Cluj — dgaspccj.ro (up-to-date values and benefits should be checked locally).