Disability pension: what is the consequence if your resources increase?

Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)

Do you want to know if you can continue to receive your disability pension or if it can be suspended (totally or partially) when your income increases? We'll give you the information you need.

Attention: the information presented in this fact sheet does not concern self-employed workers.

The accumulation of the disability pension with occupational income (employed or self-employed) must not exceed the income from work received before your disability.

As a result, if your resources increase (for example, by resuming a professional activity), your disability pension may be suspended in whole or in part. This is the case if your income exceeds a certain threshold set by the annual social security ceiling. This threshold is called comparison threshold). It shall be established that:

  • Or at the level of the salary of the last year of activity before becoming invalidity
  • Or at the level of the average annual salary of the best 10 years of activity.

This threshold is set according to the rule which is most favorable to you as an insured person within the limit of the Social Security ceiling. This one is €46,368 for 2023.

Where the comparison threshold is exceeded, the amount of the invalidity pension above that threshold shall be reduced by half of the amount by which it was exceeded.

The income reference period used to calculate your disability pension amount is 12 months.

The revenues withheld are as follows:

  • Earned or similar income (daily allowances, unemployment benefit, etc.) over 12 months (from the 13th month to the 2nd month before the monthly payment). Example: To calculate the November 2022 disability pension amount paid in December 2023, the revenues taken into account are those from October 2022 to September 2023.
  • Non-salaried income you reported in the previous year's tax notice
  • 12-month disability pension amount (13th to 2nd month before monthly payment)
You're a salaried employee

The reduction in the amount of the invalidity pension occurs when there is an overshoot of the comparison salary between the 13e and the penultimate month before the declaration.

If work stoppages have occurred during the period, only periods of actual work shall be taken into account.

The gross salary and bonus amounts used for the comparison are those received per quarter in a rolling year ending on the 2nde month before the date of examination. The gross salary targeted is that serving trim for the calculation of sickness, maternity, invalidity and death contributions.

Example :

If the cumulation is examined on 1er january 2023, the relevant annual reference period shall be 1er December 2021 until November 30, 2022.

So if you had a gross annual salary of €30,000 and that you receive a Class 1 disability pension from €10,000 either €833.33 per month, you will not be able to collect more than €20,000 salary combined with your pension (total €30,000).

If your disability pension and your income are combined by more than €30,000, your disability pension will be cut in half.

That is, if the sum of your pension and salary is €100 above your comparative salary, your disability pension will be reduced by €50.

The decision of your social security organization (CPAM, MSA) to suspend the payment of your pension is notified by any means (e.g. registered letter with request for notification of receipt).

The suspension is a temporary suspension of your disability pension. Payment may resume later if you again meet the conditions to receive it.

The review is based on the statements you make.

The declaration of your situation and your income from activity is to be made on the 7the calendar month after your pension is awarded, and then every 12 months.

When you have resumed or continued a professional activity in the last 12 months, the declaration must be made every 3 months.

FYI  

the CPAM or MSA can, at any time, put in place medical expertise on your earning capacity (i.e. your earning ability).

You are self-employed

The calculation of cumulation shall be assessed on the basis of calendar year which precedes the control of duties. For example: if the rights check is performed on 1er january 2023, the reference period is 1er January 2022 to December 31, 2022.

The annual declaration of your situation and resources is made on 1er October.

Your social security body carries out an annual check.

The decision of your social security organization (CPAM, MSA) to suspend payment of your pension is notified by any means (e.g. registered letter with request for notification of receipt).

The suspension is a temporary suspension of your disability pension. Your application can be resumed later if you again meet the conditions to benefit from it.

The review is based on the statements you make.

FYI  

the CPAM or MSA can, at any time, put in place medical expertise on your earning capacity (i.e. your earning ability).

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