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Assessment Regulation

Original Language Title: Einschätzungsverordnung

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261. Regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection on more detailed provisions concerning the determination of the degree of disability (assessment regulation)

Pursuant to Section 14 (3) of the Act on Disability of Persons with Disabilities, BGBl. N ° 22/1970, as last amended by the Federal Law BGBl. I No 81/2010, shall be assigned:

Disability

§ 1. For the purposes of this Regulation, disability is to be understood as the effect of a not only temporary physical, mental or psychological impairment of function or impairment of sensory functions, which is appropriate for participation in the To make life more difficult in society, especially in general working life. As not only temporarily, a period of more than six months is to be considered.

Degree of disability

§ 2. (1) The effects of the impairment of function shall be assessed as a degree of disability. The degree of disability shall be determined in accordance with the nature and severity of the functional impairment in fixed sets or framework sets in the Annex of this Regulation. The installation shall form an integral part of this Regulation.

(2) In the event of effects of impairment of functions not listed in the Appendix, the degree of disability should be determined in analogy to comparable functional impairments.

(3) The degree of disability shall be determined by the number of hundreds of units which can be divided. They include a lower level of disability by five. The result of the assessment within a framework shall be justified.

Overall degree of disability

§ 3. (1) An assessment of the overall degree of disability should be carried out when there are several functional impairments. In determining the overall degree of disability, the individual values of the functional impairments are not to be added. The effects of the individual functional impairments in their entirety, taking into account their mutual relations with one another, are decisive.

(2) In the determination of the overall degree of disability, it must first be assumed that the impairment of the function is the same as the maximum value for which the highest value was determined. As a result, it is necessary to check whether and to what extent this is increased by the further functional impairments. Health damage with a level of less than 20 vH shall be disregarded, provided that such health damage does not cause any significant impairment of function in cooperation with another health damage.

In the event of overlapping of functional impairments, the higher degree of disability is to be assumed.

(3) A reciprocal influence on the functional impairments, which is likely to result in an increase in the degree of disability, shall be provided if:

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it has a particularly adverse effect on another function,

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there are two or more functional impairments which together lead to a substantial impairment of function.

(4) An essential functional impairment is given if the overall picture of the disability makes a different assessment appear justified, than the individual functional impairments alone.

Basis of assessment

§ 4. (1) The basis for the assessment of the degree of disability is the assessment of the functional impairments in the physical, mental, psychological or sensory perception in the form of a medical expert's opinion. If necessary, experts from other departments-for example, psychologists-are to be drawn to the holistic assessment.

(2) In addition to the personal data, the opinion has the history of the study, the findings of the investigation, the diagnoses, the assessment of the degree of disability, a justification for the assessment of the degree of disability within a framework, and the To draw up the overall degree of disability and its explanatory statement.

entry into force

§ 5. This Regulation shall enter into force on 1 September 2010.

Hundstorfer