The Ministry of Social Policy wants to change the system of working capacity assessment for 2.7 million people with disabilities

The Ministry of Social Policy of Ukraine has presented a new draft law that provides for updated approaches to social support for people with limited ability to work, including people with disabilities. The main idea is to introduce the status of ‘ability to work’, which will be separated from the status of ‘disability’. This innovation is aimed at strengthening support and facilitating the employment of those who can work but are currently excluded from the labour market.

The project envisages a transition from the current system of medical and social expert commissions (MSECs) to a new model where the ability to work will be assessed based on rehabilitation results and the impact of functional limitations on the ability to work. The assessment will be carried out after the completion of a full range of rehabilitation measures, and an independent expert will determine the status of ‘ability to work’.

According to the new rules, those who receive the status of ‘permanent total disability’ will be entitled to automatic monthly insurance payments. Those with a ‘permanent partial disability’ will be provided with employment assistance, professional retraining and monthly payments, provided they are actively looking for work. Those who are found to be able to work will be considered to be able to provide for themselves without the support of the social insurance system.

The assessment of the ability to work will be conducted remotely and anonymously, based on data without personal information. Upon completion of rehabilitation, an application for the assessment can be submitted in electronic or paper format. Payments will be differentiated depending on the degree of disability, and for those undergoing rehabilitation, the amount of payments will be increased.

For those with a permanent disability, the insurance payment will replace the disability pension. In case of additional sources of income, the amount of insurance payment may be reduced. One-time insurance payments in cases of industrial accidents or occupational diseases will be provided regardless of the loss of ability to work.

Today, less than 18% of the 2.7 million people with disabilities in Ukraine are employed, while in European countries the employment rate for people with disabilities is as high as 50%. The majority of people with disabilities of the third group have the ability to work, but remain outside the labour market.

Given the demographic challenges and staff shortages in the labour market, the drafters of the bill call for a rethinking of the approach to disability aimed at developing the ability to work. The draft law emphasises the importance of involving all citizens who can work in the country’s economic development.