(2021) Who receives the disability allowance?

You can receive the disability allowance if you can prove a certain degree of disability. A person is considered disabled if their physical, mental, or emotional health is impaired for more than six months.

The degree of disability is usually determined by the pension office. From a degree of disability of 50, you receive a severely disabled pass; up to a degree of 45, the office issues a notice of determination. The tax office is bound by these notices.

You can claim the disability allowance for yourself, your disabled spouse, or your disabled child. It is not possible to transfer the allowance from disabled parents or siblings.

Tip: If the degree of disability is determined retroactively for several years, you can claim the allowance retroactively for the years for which a degree of disability is recognised. However, you should register your tax claims as soon as possible after the degree of disability is determined, as certain deadlines must be observed.

The question is whether care-related expenses can be deducted as extraordinary expenses under § 33 EStG in addition to the disability allowance, or whether the allowance must be waived for this. Since 2008, the following regulation applies:

If you claim the disability allowance according to § 33b para. 3 EStG, care-related expenses are not additionally recognised as extraordinary expenses under § 33 EStG. The "Either-Or Principle" applies (R 33.3 para. 4 EStR 2008).

You must decide: Either you apply for the disability allowance, or you claim the care-related costs as extraordinary expenses with proof. When providing proof, the care allowance from the care insurance must be deducted, and the tax office will also deduct the reasonable burden from the remaining amount. Therefore, for consideration under § 33 EStG to be more advantageous, the expenses must be higher than the disability allowance, the care allowance received, and the reasonable burden.