Rights of people with a severe disability

Disabilities are physical, mental or intellectual impairments that can act as barriers to equal participation in everyday life and in the world of work. Examples of these impairments include:

• certain internal diseases
• motor impairments
• cognitive impairment
• mental illness
• sensory impairments, affecting hearing or vision, for example
• learning disabilities

A disability results from the interaction between these individual impairments and the barriers a person encounters in their environment. For example, accessible trams or buses can make it much easier for people with a disability to use the local public transport system. To be considered a disability, the impairment must also have lasted or be very likely to last longer than six months.

If the “Versorgungsamt” (office for social care provision) determines that a person has a disability, this is known as a “recognized disability”.  The “Versorgungsamt” uses a scale from 20 to 100 to measure the severity of a person’s disability. This is known as the degree of disability (DoD) – “GdB” in German. A disability with a DoD of 50 or higher is considered a severe disability. At the end of 2021, almost one in ten people in Germany had a severe disability. This figure was almost one in four among people aged 65 and older. 

All people with a disability are entitled to participate in society and working life on equal terms with people without a disability. Various benefits for participation are available to make this possible and to compensate for the disadvantages they face. These benefits can be applied for on the basis of the individual’s degree of disability. In addition, other forms of relief are available to people with a severe disability in accordance with the legislation on severe disability in the German Social Code (SGB IX Part 3). For example, people with a severe disability pass can avail of special protection against dismissal at work, additional days of vacation and tax relief. The individual concessions granted depend on the person’s specific disability in each case.

A person’s degree of disability (DoD) – GdB in German – indicates the degree to which they are impacted by their disability. The lowest DoD is 20; the highest 100. The classifications increase in increments of 10. A DoD of 50 or higher is considered a severe disability. 

The DoD is determined, in particular, by the way the person’s disability impacts their daily life. For example, a person with slightly elevated blood pressure can function as normal and their daily life is not impacted. This person will not be assigned a DoD. Another person may have very high blood pressure, with complications causing damage to their internal organs. Depending on how this impacts their daily life, they will be assigned a degree of disability of between 50 and 100. 

The DoD in each case is assessed on the basis of the legal guidelines for research-based medicine (“Versorgungsmedizinische Grundsätze, VMG”, only available in German). These guidelines list reference values and ranges for individual DoDs for various illnesses and impairments (page 29 onwards).

If a person has multiple disabilities, the individual values are not simply added together. The disability with the highest numeric value is taken as the starting point and it is then decided whether other disabilities cause additional restrictions for the individual. For example, if a person has two disabilities, each of which individually indicates a DoD of 30, this does not mean that together they produce a DoD of 60. Instead, both disabilities together give a DoD of 50 or less. 

To be assigned a DoD and receive a pass for severely disabled persons, you must submit an application to the relevant “Versorgungsamt”. For more details about making an application, see the section of this article dealing with applications and validity. 

Equal status

People with a DoD below 50 may be granted equal status with people with a recognized severe disability in certain cases subject to certain conditions. Some of the regulations guaranteeing participation in working life then apply to these individuals also. Granting equal status aims to ensure that people don’t experience disadvantages in the workplace. 

In order to qualify for equal status with a person with a severe disability, an individual must:

• be assigned a degree of disability of 30 or 40
• have their residence, habitual abode or place of work in Germany
• be facing a potential loss of their job or be unable to find a suitable job because of their disability

An application for equal status can be submitted online to the Federal Employment Agency. For more details, visit the agency’s website.

In order to access special benefits and supports, people with a severe disability need to be able to offer authorities or employers proof of their severe disability. The severe disability pass (also commonly referred to as the severe disability card) serves as an ID card for the person with a severe disability. It is a small plastic card that is usually green in color. If the holder meets the requirements for free or discounted travel on local public transport, the pass is orange and green.

Information about the type of disability the card holder has is provided on the card in the form of disability codes (“Merkzeichen”). Each code is a letter or combination of letters. 

Explanations of the most common codes are provided below.

G – significant impairment of mobility in road traffic

The code “G” is printed on the back of the pass if a person is significantly impaired in their mobility, for example, due to an illness of the lumbar spine or legs, and is therefore assigned a degree of disability of 50 or more. This code may also be assigned to individuals with internal diseases such as heart or lung diseases. 

aG – exceptional walking difficulty

The code “aG” is printed on the back of the pass if a person is physically disabled to the extent that they can only move outside of their vehicle with the assistance of another person or extreme effort on their part. Their extremely limited ability to walk must be assigned a degree of disability of 80 or more. This applies to people who always require the use of a wheelchair, even for very short distances.

B – authorization to bring an accompanying person 

A “B” printed on the front of the pass indicates that the individual is entitled to bring a companion to accompany them on public transport free of charge. This code is assigned if a person regularly requires the assistance of another person in order to use public transport. This can apply, for example, to individuals who are blind or visually impaired or who have paralysis of the lower part of the body (paraplegia). However, this code does not indicate that the person presents a risk to themselves or others if they are unaccompanied.

H – “helplessness” (as defined in German income tax legislation)

“H” is printed on the back of the pass if an individual regularly requires the assistance of another person in order to carry out many different tasks on a daily basis. People with a care grade of 4 or 5 are generally entitled to have this code on their pass.

Bl – blindness

The code “Bl” on the back of the pass indicates that the person has a significant visual impairment. This applies, for example, if their field of vision is considerably restricted.

Gl – deafness

Individuals who are deaf are assigned the code “Gl” on the back of their pass. It indicates deafness in both ears. People who have a severe hearing impairment to the point of being almost deaf are also assigned this code on their disability pass if their speech is also impaired. This is the case, for example, if a person is very difficult to understand when speaking.

TBl – deaf-blind

The code “TBl” is assigned if a person has a degree of disability of 100 due to a visual impairment and a DoD of 70 or more due to hearing loss.

RF – broadcasting fee reduction

The code “RF” means that the person is entitled to apply for a discount on the broadcasting fee for radio and TV (“Rundfunkbeitrag”). The discounted charge is only one-third of the regular charge. This code is assigned to people who are blind or deaf. It is also assigned to visually impaired individuals with a degree of disability of 60 or higher and to those with bilateral hearing loss who have been assigned a DoD of at least 50. It may also be assigned to people with a DoD of 80 who are no longer able to participate in public events due to their impairments.

Other codes

Other codes are also used, such as those for individuals disabled by war, victims of persecution by National Socialism, former soldiers in the Germany armed forces and former prisoners of the German Democratic Republic. Additional codes are used in some federal states.

People with a severe disability are entitled to various equality measures (i.e., compensation for disadvantages). These include additional days of vacation from work, free travel or discounted travel on public transport and tax relief. These measures are intended to compensate for disadvantages experienced by people with a severe disability – such as the higher costs they pay for medical and nursing care. People with a severe disability are often entitled to discounted access to swimming pools, museums, cinemas, theaters etc.

Free or discounted travel by bus and rail

If a person has an orange and green disability pass, they are entitled to use local and regional public transport free of charge. This applies to people who are physically disabled or exceptionally physically disabled impairing their ability to walk, individuals considered “helpless” in the sense of German income tax law, as well as people who are deaf or blind (i.e., those with the codes G, aG, H, Gl and Bl on their severe disability pass). 

To avail of “free travel”, you need an additional sheet with a travel token (“Beiblatt mit Wertmarke”) as well as the severe disability pass. It is not sufficient to only present a disability pass showing the relevant disability code. The supplementary sheet and token are available from your local “Versorgungsamt” or city/municipal administration offices. The token issued is valid for six months or a year. For people who are blind or considered “helpless” (disability codes Bl and H), the token is free of charge. For those who have a physical disability affecting their mobility and those who are deaf (disability codes G, aG, Gl), the token costs 91 euros per year or 46 euros for 6 months.

If a person has the code “B” on their severe disability card, they are entitled to have a human companion or a dog accompany them when using local and national public transport. An accompanying person can still travel free of charge if the person with a severe disability does not have a travel token.

On the ÖPNV-Info website, you can check whether you are entitled to a travel token and whether you need to pay for it. You will also find an overview of all modes of transport you can use free of charge with the token.

Parking

Disabled parking shortens the distances people with disabilities have to travel to get to shops and facilities and usually also provides extra space for getting in and out of their cars. Disabled parking spots are indicated by a wheelchair symbol. A special blue EU parking permit is required in order to park in a disabled parking spot. This type of ID is given to people with a severe disability who:

• have exceptionally impaired mobility or are blind (code aG or Bl)
• have certain defects of the arms and legs (birth defects due to thalidomide exposure or comparable disabilities)

The blue EU parking permit is valid throughout the EU and in some other countries such as Norway and Switzerland. The parking permit must be displayed so that it is clearly visible, e.g., on the dashboard of the car. The permit also grants other parking concessions, such as parking in restricted parking zones. 

In addition to the blue EU parking permit, there is also an orange parking permit. It allows people with a severe disability to avail of a number of parking concessions within Germany subject to certain conditions. However, it does not entitle the holder to park in a disabled parking spot with a wheelchair symbol.

For more details of parking restrictions and the conditions that must be met in order to avail of them, visit the website of the ADAC (German Automobile Association).

Applications for the EU parking permit and the orange parking permit can normally be made to local city/municipal administration offices, e.g., the road traffic office (“Straßenverkehrsamt”) or public order office (“Ordnungsamt”). 

Tax relief measures

People with a severe disability have increased costs and additional expenses in a number of areas of their lives. For example, they may have additional costs to cover for medication or laundry. The “Behinderten-Pauschbetrag” (disability lump sum) is designed to compensate people for these regular additional outgoings. The disability lump sum seeks to reduce tax for people with a severe disability. Parents of children with a disability can also avail of the lump sum.

To claim the disability lump sum, you need to complete the “Extraordinary Expenses” (“außergewöhnliche Belastungen”) annex in your tax return. The first time you make a claim, you should also include a copy of your severe disability pass or a certificate from the “Versorgungsamt”.

The amount of the disability lump sum depends on your personal degree of disability or DoD (“GdB” in German). For example, if you have a DoD of 20, you are entitled to a lump sum of 384 euros. If you have a DoD of 100, the lump sum is 2,840 euros. For those assigned the disability codes H (“helplessness”), Bl (blindness) or TBl (deaf-blind), the annual disability lump sum is currently 7,400 euros.

Since 2021, it has also been possible to claim for travel expenses arising from a disability in the tax return. People with the disability code aG, Bl, TBl or H on their severe disability pass can claim a lump sum of 4,500 euros for disability-related travel expenses. People with a degree of disability of at least 80 or with a DoD of at least 70 plus the code “G” on their pass can claim a lump sum of 900 euros for disability-related travel expenses. It is not necessary to furnish documentation of individual journeys.

Under certain circumstances, people with a severe disability may be exempt from paying car tax and may be able to avail of other tax relief measures. More details are provided from page 187 in the Guide for People with Disabilities (“Ratgeber Menschen mit Behinderungen”) (in German), published by the Federal Ministry of Labor and Social Affairs (Bundesministerium für Arbeit und Soziales).

Broadcasting fee discount/exemption

People with a severe disability can apply for a broadcasting fee discount or exemption.

If a person has the code “RF” on their disability pass, this indicates that they are entitled to a discount. In this case, they only need to pay one-third of the regular fee. 

No broadcasting fee is to be paid by:

• people who are deaf and blind
• people receiving blind person’s aid payments (“Blindenhilfe”)

Applications for a broadcasting fee discount or exemption can be submitted directly on the rundfunkbeitrag.de website.

Equality measures at work

Employers must not discriminate against people because of a severe disability. Employers also have a legal obligation to take account of the specific needs of people with disabilities. This includes making the workplace, working environment and work processes as accessible as possible to people with disabilities. Support is provided to employers by the Federal Employment Agency (“Agentur für Arbeit”) and the Integration Office (“Integrationsamt”). People with a severe disability should be enabled to use and develop their skills and knowledge to the best of their ability in the workplace.

There are also various equality measures to help people with a severe disability access equal opportunities in terms of training and career.

People with a recognized severe disability can retire from work two years early. In specific terms, this means that if you were born after 1963, you can retire at the age of 65 and receive a full state retirement pension. You can even opt to retire at 62 but won’t receive the full pension. For people born up to 1963 inclusive, the age limits are slightly lower. For people in this age bracket, the age limit drops incrementally down to 63 for those born in 1952 or earlier. 
However, in order to avail of early retirement, it is necessary to have made state pension contributions for a total of 35 years. 

For more details about the conditions for early retirement for people with a severe disability, see the website of the German Pension Insurance Organization (“Deutsche Rentenversicherung”). You can also submit an online application there.

Special protection against dismissal also applies to people with a severe disability once their probation period has come to an end. Rather than dismissing an employee directly, the employer must first submit an application to do so to the Integration Office. This step is a legal requirement to allow the Integration Office to check whether the employee’s disability is the reason for the dismissal. If it is, the Integration Office can refuse the application. However, it usually approves the application if there is another secure, appropriate and acceptable position available for the person with the severe disability. If the company has a Disability Officer, they must also be informed by the employer. Otherwise, the dismissal is not considered valid.

People with a severe disability are also entitled to additional days of paid leave from work. Those working a 5-day week are entitled to 5 additional days of vacation each year. Those working 3 days a week get 3 additional days of vacation per year. This regulation only applies to people with a severe disability and not to those who have been granted equal status.

If a person is unable to work full-time hours due to a severe disability, they are entitled to work part-time hours.
People with a severe disability are also entitled to an exemption from working overtime. The employer cannot then demand that the employee work overtime. If the employer does so, the employee is entitled to refuse.

For more information, see our article “School, training, higher education and employment with a care grade”. 

For more information about work arrangements and possible equality measures for people with a severe disability, see the talentplus.de website.

Detailed information about possible equality measures for apprentices is provided in the manual “Nachteilsausgleich für behinderte Auszubildende” (“Equality Measures for Disabled Apprentices” – only available in German), published by the Federal Institute for Vocational Education and Training (Bundesinstitut für Berufsbildung).

Other equality measures

Additional equality measures may also apply in some cases. The brochure “Nachteilsausgleiche für Menschen mit Behinderungen” (“Equality Measures for People with Disabilities” – only available in German), published by the Social Association of Germany (Sozialverband Deutschland e.V.), provides an overview of possible equality measures, organized by degrees of disability and disability codes (from page 28). 

You can check which equality measures are relevant for you on the website Schwerbehindertenausweis.de. To search for measures, you need to know your degree of disability and the disability code on your severe disability pass.

To get a severe disability pass, you need to apply to the relevant body responsible for social care provision or the citizens’ office (“Bürgerbüro”) in your place of residence. The authorities responsible for these applications differ between one federal state and the next. In some federal states, the “Versorgungsamt” is responsible, while in others, the relevant authority is the “Amt für Soziale Angelegenheiten” (office for social affairs).

A list of the offices responsible in the individual federal states is provided on the REHADAT website.

In some cases, you may be able to submit an application online or request the form by phone. You can check this on the website of the relevant office or by making a call.

The relevant authority will then complete an assessment process to determine your degree of disability (DoD – GdB in German). The severe disability pass is issued for people with a DoD of 50 or higher.

What is the validity period of the severe disability pass?

The pass is usually valid for a period of 5 years. You need to remember to apply for an extension in good time. You can do so at your local “Versorgungsamt” or citizens’ office (“Bürgerbüro”). You don’t need to fill in a form to apply for an extension. Include a current photo with your application.  

If your current health condition changes, you can also contact the relevant office. It will then verify your degree of disability and modify it if necessary.

To allow people with a severe disability to avail of discounts and benefit from equality measures throughout Europe, the European Union (EU) is planning to launch a European disability card. It will allow people with a severe disability to enjoy free entry or discounted entry prices and better conditions while using public transport when they visit other EU countries.
The EU disability card will supplement the German severe disability pass and is expected to be available within the next 2 years.