What is the Temporary Disability Allowance (TIA) in the Public Service?

Verified 07 April 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Accident at work Are you a public servant and you have a partial permanent incapacity due to an occupational disease or an occupational disease? You can receive a Temporary Disability Allowance (TIA) under certain conditions. Attention: the ITA is to be distinguished from the temporary invalidity allowance (TIA). We present you with the information you need to know.

The Temporary Disability Allowance (TIA) is an amount paid in addition of your salary if you are a public servant and you have a permanent partial incapacity of professional origin.

Warning  

Temporary invalidity allowance (TIA) is different from Temporary Invalidity Allowance (TIA).

ITA may be paid to you if you are a public servant and you have a permanent incapacity resulting from any of the following :

  • Accident at work resulting in permanent incapacity of at least 10%
  • Occupational disease listed in tables of occupational diseases of social security, under the conditions laid down in the tables
  • Occupational disease listed in the occupational disease tables, outside the conditions laid down in the tables, and caused by your usual work
  • Occupational disease not included in the occupational disease tables, but resulting from your usual work and resulting in at least 25%

If you have an occupational disease, you receive the ITA only if that disease meets the conditions for permanent incapacity pension.

You must be active or have reached the age limit or be retired before you can resume your duties.

FYI  

a contract agent cannot obtain the ITA. He can claim a compensation paid by the Social Security.

You must submit an ITA request to your personnel department in one of the following time limits:

  • Within one year of the date of official recognition of the consolidation the injury or state of health
  • If you have resumed activity after your injury or health has been consolidated, within one year of the date of resumption of duties.

The administration then checks to see if you are entitled to it.

Medical visits to authorized doctors are planned.

The rate of invalidity is determined by the medical council on the basis of an indicative regulatory scale.

The administration takes a decision setting the rate of permanent invalidity and the amount of the ITA.

It shall be based on the opinion of the Reform Committee and subject to the assent of the competent pension fund. These are:

  • Of the State Pension Service (SRE) for the State Public Service
  • The National Pension Fund for Local Government Employees (CNRACL) for the territorial and hospital civil services.

ITA is assigned for 5 years from one of the following events:

  • Date of official recognition of the consolidation of your injury or health condition
  • Date of resumption of duties if you have resumed your activity after consolidation of your injury or health
  • 1re medical assessment of your illness if it is a disease related to a recognized SARS-CoV2 infection attributable to the service

At the end of the 5 years, your rights to the ITA are reviewed by the Reform Commission:

  • If the disability persists, the ITA is awarded to you for an unlimited period of time (based on the new rate of disability established)
  • If you are no longer disabled, the ATI is removed

Afterwards, you can request a review of your rights (at least 5 years after the previous review).

The effective date of the revision shall be the date of the submission of the application.

In the event of a new accident giving rise to entitlement to an allowance, your entitlement shall be reviewed under the same conditions and within the same time limits as for your 1re request.

A new ITA is then granted, if necessary, to replace the previous one, for a period of 5 years.

The monthly amount of the ITA is equal to the gross index treatment corresponding to the index plus 245 (€1,206) multiplied by your disability rate.

Example :

the amount of an ITA granted for a disability rate of 20% equals 20% of €1,206 either €237.65 raw per month.

Please note

the ITA is exempt from income tax.

The ITA is paid by your pension fund (SRE or CNRACL) every month, with due date.

If you're retired, the ITA continues to be paid on the basis of the last invalidity rate recorded during the activity.

The allowance is no longer reassessed during retirement.

When your retirement occurs less than 5 years after the award of the allowance, your rights are re-examined on your retirement date.

This review may result in maintaining the ITA at the same rate or in reassessing your disability rate (and therefore the allowance) or in eliminating the allowance.

If you are retired for disability due to the aggravation of the disability for which you are entitled to the ITA, the ITA is replaced by the disability pension.

If you are retired for disability because of a disability attributable to service but independent of the disability entitled to the ITA, the disability is maintained and the disability pension pays only for the new disability.

Yes, The disability manager may propose to the State Pension Service (SRE) to cancel the ITA you have been granted.

ATI is canceled for one of the following reasons  :

  • Replace ITA with a life annuity invalidity
  • Replacement of the State ITA with a Local Government Officers ITA (ATIACL)
  • Change in the rate of invalidity found: on review, if the rate of invalidity found has fallen below the minimum compensable of 10% for service or safety accidents 25% for diseases of occupational origin.

The request for cancelation of the ATI shall be made using the following Cerfa:

Application for cancelation of a temporary invalidity allowance

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