Changes in financial benefits as of 1 January 2019
The law of 10 August 2018 introduces a number of changes within the framework of financial benefits as of 1 January 2019:
End of entitlement to financial benefits
The maximum duration of compensation increases from 52 weeks to 78 weeks over a reference period of 104 weeks.
The provisions are applicable to each insured person who has not exceeded the 52-week limit before 1 January 2019.
The other legal provisions relating to the duration of the compensation are not modified.
Opening of the right to financial benefits
Employees
In the event of incapacity for work, the employee is entitled to payment of financial benefits by the CNS as from the first of the month following the one in which the 77th day of incapacity for work is located, which is calculated over a reference period which increased from 12 months to 18 successive calendar months as of 1 January 2019.
Self-employed
For self-employed persons, on the other hand, the right to financial benefits is opened on the first of the month following the one in which the 77th day of incapacity for work is located, calculated over a reference period of 12 successive calendar months.
Progressive return to work for therapeutic reasons
The half-time therapeutic incapacity for work (mi-temps thérapeutique), as it existed, is abolished on 1 January 2019.
Any certificate of incapacity for work issued on a part-time basis loses its value as from the same date.
The law of 10 August 2018 introduces a new measure called "progressive return to work for therapeutic reasons (RPTRT)", which will be subject to the fulfillment of certain conditions:
1.Request from the attending physician and the insured person
The request is made using the standard form "Request for progressive return to work for therapeutic reasons", where the attending physician certifies the beneficial effect of the RPTRT on the insured's state of health. This form is available as from 01.01.2019 on the CNS.LU website, under "Forms".
2.Incapacity for work
The insured person must be unable to work at the time of the request. In addition, he must have been unable to work for at least 1 month out of the 3 months preceding the request.
3.Employer's consent
The progressive return to work is only possible with the agreement of the employer.
4.Prior agreement of the CNS
The CNS must have given its prior consent, based on a reasoned opinion from the Medical Board of the Social Security.
It should also be noted that during the period of progressive return to work for therapeutic reasons, the insured person is considered to be unable to work and must submit a medical certificate of full-time incapacity to work. These periods are therefore fully included in the calculation of periods of incapacity for work to determine the end date of entitlement to financial compensation (78 weeks over a period of 104 weeks).