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29September2021

Disability Determination Regulation

Disability Determination Regulation

Disability Determination Regulation has been published in Official Gazette numbered 31612 and dated 28.09.2021.

You can find the details below:

Determination of High Degree Incapacity to Work

Per Article 5, the disease list would need to be used for determination.

Also, SSI would consider the below cases as high degree incapacity to work:

  • in case that an illness in the list takes place,
  • an illness increases to a level indicated in the disease list,
  • an employee with a high degree of incapacity to work has another illness that causes a high degree of incapacity.

In addition, if SSI detects that the employee has a high degree of incapacity to work before the first social security registration date, this employee would not benefit from incapacity benefits from Social Security Institution.

Determination of Medium-level and Light-level Incapacity to Work

Per Article 6, the disease list would need to be used for the determination of medium or light level incapacity to work.

Determination of Incapacity of the Child of an Employee

Per Article 7, in case of the determination of a high level incapacity of an employee's child, this child would be considered disabled, and the disease list would need to be used in the determination process.

Determination of Early Aging

Per Article 8, for the employees who completed all criteria for retirement except the age criteria and completed the age 55, if a lack of memory, attention, comprehension, perception, psychological aging is detected, these employees would be considered as early aged.

Determination of High-level Disability of a Child of a Female Employee

Per Article 9, in these determination cases, the special regulation for the children's special needs and the disability assessment for adults would need to be used.

The Authorized Health Service Providers for Health Report Preparation

Per Article 11, you can find below the authorized health service providers for health report preparation:

  • State/public hospitals, education & research hospitals authorized by the Ministry of Health
  • State university hospitals
  • Apart from the hospitals in a and b above, for the individuals under life-threatening conditions in intensive care units of the hospitals, these hospitals can be authorized.

In addition, for the employees working in the country with a bilateral social security agreement with Turkey, the health reports prepared by the authorized institution in the related country would be considered.

You can reach the Regulation via the link (In Turkish.)

Should you have any queries or need further details, please contact your customer representative.

Written by Erdoğdu Onur Erol, Posted in Social Security Law and Legislation

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