As of now, the ordinary disability benefit cannot be less than 603 euros per month, even for employees who are entirely subject to the contributory system, that is, those who began paying contributions after 1995. This was established by a Constitutional Court ruling issued in early July, which eliminates a substantial disparity in the treatment of disabled workers. The Court declared the prohibition on accessing the minimum supplement to the ordinary disability pension - intended for individuals who have experienced a reduction in their working capacity of less than one-third due to physical or mental conditions - to be unconstitutional. According to the judges, excluding workers whose pensions are entirely calculated under the contributory method from the right to supplementation does not align with the sustainability objectives of the social security system, since this specific benefit is already financed through general taxation, similar to welfare benefits. The ruling also underscores that the ordinary allowance can be requested well in advance of retirement, and that a low amount could result in the disabled person being deprived of any financial support, particularly if they do not meet the criteria for the civil disability allowance or do not have access to other welfare measures, such as the single allowance or the inclusion allowance. The Court further underlined that this benefit should not be confused with forms of early retirement; rather, it is aid for individuals who, due to illness, are no longer able to work as they formerly did, nor accumulate the contributions required for a sufficient pension in old life. In light of these factors, the Constitutional Court invalidated Article 1, paragraph 16, of Law 335 of 1995, which equated disability benefits with contributory pensions, thereby excluding them from the minimum pension supplement - a decision proved to be in violation of Article 3 of the Constitution, which establishes the principle of equality.
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