News Details
Transitional regime for the issuance of medical certificate of multi-purpose incapacity for cancer patients and persons with disabilities
Updated : 04/01/2024
It was published today, January 4, 2024, in the Portuguese Official Gazette Law No. 1/2024, which defines a transitional regime for the issuance of medical certificate of multipurpose disability for cancer patients and persons with disabilities, for the purposes of access and maintenance of the social, economic and fiscal measures and benefits legally provided for.
Thus, in the case of persons with disabilities, the validity of the medical certificates of multi-purpose incapacity issued is extended until the new assessment is carried out, provided that they are accompanied by the document proving that a medical committee assessing incapacity - or, where applicable, an appeal medical committee for the corresponding reassessment - has been requested with a date prior to the end of the validity of those certificates.
For cancer patients, newly diagnosed patients are automatically assigned a minimum degree of disability of 60% for a period of five years from the date of diagnosis. The procedure for issuing these medical certificates of multipurpose disability is special, they are issued by the hospital where the diagnosis was made and a specialist doctor other than the doctor who follows the patient is competent to issue them and confirm the diagnosis. These attestations last for five years from the date of diagnosis.
Cancer patients whose diagnosis has exceeded the initial five-year period and who need re-evaluation continue to benefit from the 60% degree of disability until re-evaluation.
This transitional regime will remain in force until the average period for the completion of medical committees, registered at national level, is that provided for in Article 3(5) of Decree-Law No 202/96 of 23 October 1996, which provides as follows: ‘The deputy of the regional health representative shall convene the medical committee and notify the applicant of the date of the examination to be carried out within 60 days of the date of submission of the application.’