What is disability? A German legal definition

According to section 2(1) of Book 9 of the Social Code, "disabled persons" are persons whose physical functions, mental capacities or psychological health are highly likely to deviate for more than six months from the condition which is typical for the respective age and whose participation in the life of society is therefore restricted.

This definition which follows proposals of the World Health Organisation is not based on real or supposed deficits; it is the aim of participation in the different areas of life which is in the foreground. A deviation from the "typical condition" means the loss of or restrictions with regard to physical, mental or psychological structures which are normally present at the respective age.

A disability exists if this impairment leads to a participation restriction which affects one or several areas of life. The requirement of a probable duration of the restriction of six months does exclude temporary irregularities but not interventions to be taken as early as necessary in individual cases; this applies in particular if children are already disabled or in danger of becoming disabled.

Who is seriously disabled?

Severely disabled persons are disabled persons whose degree of disability is at least 50 and who either lawfully stay in the Federal Republic of Germany, have their ordinary residence here or are employed here (section 2(2) of Book 9 of the Social Code).

Within the meaning of Book Nine of the German Social Code, people are seriously disabled if the level of their disability is at least 50, they live in Germany, have their habitual place of residence or are employed here. They receive special assistance in accordance with Part 2 of Book Nine of the Social Code - such as special dismissal protection and additional leave. The level of disability is defined in accordance with the overall impact of the impairment to their health, taking account of their interactions, graded in tens from 20 to 100. Individual impairments are only counted here if they by themselves would account for a level of disability of at least 10.