Recognition of disability and dependency status

The recognition of the degree of disability assesses, using medical and social criteria, to what extent a physical, mental, intellectual or sensory health condition limits the activity and participation of the person. It is governed by Real Decreto 888/2022, which replaced the 1999 scale. From a degree equal to or greater than 33%, the person acquires the legal status of a person with a disability and access to benefits, aids and tax advantages.

The recognition of the dependency situation, regulated by Ley 39/2006, assesses something different: the degree of help a person needs from third parties for basic activities of daily living. It gives access to the services and benefits of the System for Autonomy and Attention to Dependency (SAAD).

They are 2 independent procedures, with different scales and bodies, and you can have both at the same time. Having a recognised disability does not automatically grant a degree of dependency, nor vice versa. Managora can process either of the 2, or both, for you.

The application is submitted to the competent body of the autonomous community of residence (in Ceuta and Melilla it corresponds to the Imserso). It is accompanied by identification documents and medical reports and, where appropriate, psychological and social reports that prove the health condition.

An assessment team studies the documentation and, when appropriate, summons the person for an examination. The rating is obtained by applying the scales in the annexes of Real Decreto 888/2022, modified by Orden DSA/934/2023, which weigh the impairments, limitations in activity, restrictions in participation and environmental factors.

The maximum period to resolve and notify is 6 months from the application. The recognition is understood to have occurred from the date of application and is valid throughout the State territory. Managora gathers the documentation, submits the application and follows up for you. You can see the updated amount in the procedure file.

The degree is expressed as a percentage. The 33% threshold is the gateway to most rights: tax benefits in the personal income tax, advantages in the registration tax, reserved quota for public and private employment, access to protected housing and aids to eliminate barriers, as well as discounts on transport, leisure and culture.

The parking card for people with reduced mobility is a separate right. It is regulated by Real Decreto 1056/2014 and having the general 33% is not enough: it requires having recognised reduced mobility according to the applicable scale, or certain severe visual limitations. Managora checks if your assessment meets that scale and processes the card with your town hall or community.

The scope of tax benefits varies and some depend on the autonomous community. We do not rewrite figures in this guide: you can see the amount of the management service in the procedure file and consult the tax amounts in the official sources.

The application is submitted to the social services of the autonomous community, usually through the social services centre of the municipality of residence. You provide the application, the identification documentation and a health report describing the person's situation.

A professional assesses the situation applying the Dependency Assessment Scale (BVD), approved by Real Decreto 174/2011, normally through a visit to the usual home. For children under 3 years of age, a specific assessment scale is used.

With the degree ruling, the administration prepares the Individual Care Programme (PIA), which specifies the corresponding services or benefits. The legal resolution period is 6 months, although actual times vary depending on the community. Managora prepares and submits the application and accompanies you until the approval of the PIA. The service amount is shown in the procedure file.

Ley 39/2006 distinguishes 3 degrees. Degree I or moderate dependency: the person needs help for several basic activities of daily living at least 1 time a day, or has intermittent or limited support needs. Degree II or severe dependency: needs help 2 or 3 times a day, but does not require the permanent support of a carer. Degree III or high dependency: needs help several times a day and the indispensable and continuous support of another person.

The SAAD catalogue (article 15 of Ley 39/2006) includes prevention and autonomy promotion services, telecare, home help, day and night centres and residential care. When access to a public service is not possible, there are financial benefits: linked to the service, for care in the family environment and for personal assistance.

The specific service or benefit depends on the recognised degree and the PIA. The amounts of the financial benefits are set by state and regional regulations and are updated periodically: consult the official sources for the current data.

The Individual Health Card (TSI) is the document that identifies you in the National Health System. Obtaining it has 2 steps: first the Instituto Nacional de la Seguridad Social (INSS), which is the Spanish social security system, recognises the right to healthcare charged to public funds, and then the local health centre issues the card and sends it to your home.

This prior recognition is especially relevant for those who do not have active coverage, for example after returning to Spain or a change in situation. Managora processes the recognition of the right to healthcare with the INSS and shows you the steps to collect the card at your health centre. You can see the amount in the procedure file.

In all 3 cases, disability, dependency and health card, Managora prepares the documentation, submits the application on your behalf and keeps you informed until the resolution, without you having to travel to the offices.