The Social Care for Mentally and Physically Handicapped Persons Act defines persons with disabilities as having moderate, severe or serious mental development disorder and physically impaired persons who are incapable of independent living and work. Persons who are not capable of gainful employment, not able to participate in professional training due to their handicap and in need of assistance in care and protection of their rights and interests are considered as persons incapable of independent living and work.

The status of a person with disability and pecuniary rights under this act are granted to handicapped persons when they reach 18 years of age or upon the establishment of disability if the latter is established later during regular schooling but not later than the age of 26.

In addition to the established degree of mental or physical disability, a person concerned must also have a permanent residence in the Republic of Slovenia to acquire the right. 

The compensation for disability is granted to a person with disability irrespective of his/her social situation or ceiling per family member. A person with disability must first claim his/her rights from disability under other regulations (for example under regulations governing pension and disability insurance).  Only if the amount of such benefits is lower than the amount of compensation for disability, he/she may claim the difference up to the amount of the compensation for disability.

A compensation for disability amounts to 35% of the net average income per employed person in the RS in the previous year and is adjusted yearly. 

Since 1 April 2006, the compensation for disability under the Social Care for Mentally and Physically Handicapped Persons Act amounts to EUR 257,51.

Aattendance allowance

A person with disability receiving a compensation for disability and needing assistance in basic daily activities may also claim the right to attendance allowance under the Social Care for Mentally and Physically Handicapped Persons Act. The assistance and the amount of allowance vary and are determined according to the need for attendance in all or in most of basic daily activities. The attendance allowance for assistance in most of basic daily activities amounts to 10% of the average net salary in Slovenia in the previous year while the attendance allowance for assistance in all basic daily activities amounts to 20% of the average net salary in the previous year. The two allowances are adjusted yearly as well.

Since 1 April 2006, the attendance allowance under the Social Care for Mentally and Physically Handicapped Persons Act amounts to:

• EUR 147,15 (SIT 35,262.20) for persons with disabilities who need assistance in all basic daily activities
• EUR 73,57 (SIT 17,631.10) for persons with disabilities who need assistance in most of basic daily activities.

The costs of compulsory health insurance for a person holding a status of person with disability are covered from the state budget, except where a person is entitled to pecuniary rights under other regulations because of his/her disability and is thus covered by the insurance under other provisions.

In addition to the above described rights, the Social Care for Mentally and Physically Handicapped Persons Act grants the persons with disabilities the right to care provided by general and special social care institutes and by other family.