Section 80DD, Section 80DDB, Section 80U - Tax Deduction For Disabled Persons

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by Abhinav Gulechha on November 21, 2013
Section 80DD, Section 80DDB & Section 80U are provisions in Income Tax Act which allows for income tax
exemption for maintenance and benefit of disabled person. Today, I want to create awareness of these
provisions, so that people can benefit from the same.
In India, an estimated 70 million people are differently abled. Taking care of such people is not only an
emotional toll on the family members, but also the family spends a significant amount on medical care and
nursing of such family members.
Image Courtesy: Dominik Golenia
In this provision, you get a deduction in respect of maintenance including medical treatment of a handicapped
dependent who is a person with disability.
For getting the deduction, you have to satisfy following conditions:
You have to be a resident of India (deduction is not available to non-resident)
You are an individual or a Hindu undivided family (HUF)
You have made expenditure under any/ both of the two options:
Option 1 Option 2
You have incurred expenditure for medical
treatment, training and rehabilitation of a
disabled dependent.
You have paid or deposited under any
scheme framed LIC or any other insurer for
maintenance of dependent
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Section 80DD, Section 80DDB, Section 80U: Tax deduction for disabl... http://sohamfp.com/80dd-80ddb-80u/#comment-44428
1 of 19 01-06-2014 07:07
For the above purpose, a disabled dependent is a person who satisfies the following conditions:
In case of Individual, dependent means the spouse, children, parents and brothers and sisters
in case of HUF, dependent means any member of HUF
Person suffers from any of the following disabilities: Disability should be not less than 40 percent.
Blindness
Low vision
Leprosy cured
Hearing impairment
Locomotor disability (related to bones, joints etc. leading to restriction in movement)
Mental retardation
Mental Illness (disorders other than retardation)
Autism
Cerebral Palsy
Multiple disabilities (i.e. combination of more than one disabilities below)
Such person should be wholly or mainly dependent upon such Individual or HUF for support and
maintenance
Such person has not claimed any deduction under section 80U in computing his total income
How much deduction is allowed?
This section allows you to claim a fixed deduction at the time of filing the return irrespective of the actual
amount incurred or deposited under Option 1/ Option 2.
Deduction depends upon the extent of disability (as certified by physician) as follows:
Disability is less than 40% No deduction
Disability is more than 40% but upto 80% Rs. 50,000 (fixed)
Disability is more than 80% Rs. 1, 00,000 (fixed)
Let us understand with help of example:
Mr. Raj is a resident individual. He annually deposits a sum of Rs. 15,000 with LIC for the maintenance of his
handicapped father who is wholly dependent upon him. For disability, a copy of certificate from medical
authority is submitted.
As grandfather does not come within the definition of dependent in section 80DD, nothing shall be deducted
under section 80DD.
As brother does come in the definition of dependent, Rs. 50,000 is deductible. If however, the dependent
brother is a person with severe disability over 80%, then Rs. 1,00,000 is deductible.
What is the basis for claiming deduction?
For claiming the deduction, you shall have to procure a copy of the certificate issued by the medical authority. If
the disability requires reassessment, you will have to obtain a fresh certificate after the expiry of the period
mentioned on the original certificate in order to continue the claim the deduction every year.
Is there a prescribed format for certificate from medical authority?
Yes, you can download the format here
I have to obtain the certificate from which authority?
Certificate has to be signed by one of the following, to help in claiming deduction:
2 of 19 01-06-2014 07:07
A Neurologist having a degree of Doctor of Medicine (MD) in Neurology (or, in case of child, a Pediatric
Neurologist having an equivalent degree),
A Civil Surgeon or Chief Medical Officer (CMO) of a government hospital
Do I need to submit the medical certificate with income tax return at the time of claiming deduction?
No. You can keep it in your records. You will have to produce it to the Assessing Officer (AO) as and when
required, at the time of assessment.
Under option 2, schemes provide for payment of an annuity or a lump sum amount of benefit of
dependent, being a person with disability in the event of death of the individual or the member of the
Hindu undivided family in whose name subscription to the scheme has been made.
Under option 2, the assessee nominates either the dependent being a person with disability or any other
person or trust to receive the payment on his behalf, for the benefit of such dependent.
What happens in case the dependant dies before the taxpayer?
In case of an unfortunate event the individual or the member of the Hindu undivided family referred to above, an
amount equal to the amount paid or deposited as stated above shall be deemed to the income of the assessee of
the previous year in which such amount is received by the assessee and shall accordingly be chargeable to tax as
the income of that previous year.
Can I declare this deduction in my investment declaration to my employer?
Yes, definitely. Once you declare in investment declaration, your monthly TDS amount will reduce. At the time
of Jan-Feb, you will have to submit a copy of medical certificate along with other investment proofs to
employer.
Section 80DDB
What are the conditions for claiming this deduction?
You should be a resident of India and individual/ HUF
You should have actually paid any amount for the medical treatment for any of following ailments:
Neurological Diseases where the disability level has been certified to be of 40% and above,
(a) Dementia ;
(b) Dystonia Musculorum Deformans ;
(c) Motor Neuron Disease ;
(d) Ataxia ;
(e) Chorea ;
(f) Hemiballismus ;
(g) Aphasia ;
(h) Parkinsons Disease ;
(ii) Malignant Cancers ;
(iii) Full Blown Acquired Immuno-Deficiency Syndrome (AIDS) ;
(iv) Chronic Renal failure ;
3 of 19 01-06-2014 07:07
(v) Hematological disorders :
(i) Hemophilia ;
(ii) Thalassaemia.
The medical treatment is done for either you or your wholly / mainly dependent husband / wife, children,
parents, brothers and sisters. If you are an HUF, expenditure may be done for any dependent member of
the family.
You have to submit a certificate of the prescribed format from neurologist/ oncologist/ a urologist/
haematologist/ immunologist or such other specialist, as may be prescribed, working in a Government
hospital.
What is the amount of deduction?
If person for whom expenditure is incurred is less than 65 years: Rs, 40,000 or the amount actually paid,
whichever is lower.
If person for whom expenditure is incurred is greater than 65 years: Rs, 60,000 or the amount actually
paid, whichever is lower.
Important note: Deduction eligible under this section shall be reduced by amount received, under insurance
from an insurer, or reimbursed by an employer). .
Let us understand this with help of an example:
Manoj spends Rs. 2, 50,000 for medical treatment of his mother aged 70 years for a specified disease in April
2013. He had taken a mediclaim policy in name of mother and gets Rs. 1 lac as mediclaim reimbursement. How
much deduction u/s 80DDB he can claim?
Answer: Since Manojs mother is senior citizen, Manoj is entitled for actual spent amount (Rs. 2.5 lacs) or Rs.
60,000 whichever is lower, i.e. Rs. 60,000. However, Section 80DDB says that amount received from insurance
company/ employer is to be deducted. Now, since Rs. 1 lac has been received from insurance company, no
deduction is available under this section.
However, had Manoj received Rs. 30,000 from insurance company, he could have claimed Rs. Rs. 30,000 (Rs.
60,000 30,000) as deduction u/s 80DDB.
From which authority is the certificate to be procured?
Who will give the certificate depends upon the type of disease, as per Rule 11DD of Income Tax Rules,
following specialists can give the certificate:
Neurological diseases Neurologist having a Doctorate of Medicine (D.M.) degree in
Neurology or any equivalent degree, which is recognised by the
Medical Council of India;
Malignant cancers Oncologist having a Doctorate of Medicine (D.M.) degree in
Oncology or any equivalent degree which is recognised by the
Medical Council of India
Chronic renal failure Nephrologist having a Doctorate of Medicine (D.M.) degree in
Nephrology or a Urologist having a Master of Chirurgiae (M.Ch.)
degree in Urology or any equivalent degree, which is recognised by
the Medical Council of India;
Hematological disorder Specialist having a Doctorate of Medicine (D.M.) degree in
Hematology or any equivalent degree, which is recognised by the
Medical Council of India
4 of 19 01-06-2014 07:07
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Note that the rule also provides that no such specialist is available in the Government hospital, such certificate,
with prior approval of the Head of that hospital, may be issued by any other specialist working full-time in that
hospital and having a post-graduate degree in General or Internal Medicine, which is recognised by the Medical
Council of India.
Is there a prescribed format for certificate from medical authority?
Yes, you can download the format here
Section 80U
Section 80U is very much similar to Section 80DD we discussed earlier, only difference is that where in Section
80DD the taxpayers family member is differently-abled person, and taxpayers spends for medical treatment for
him, in Section 80U, the taxpayer can claim deduction if he/she himself is differently-abled.
Note that since we are talking about an individual here, Section 80U applies only to individual.
Important thing to note here is that if an individual claims deduction u/s 80U, his relative/ family member cannot
claim deduction under Section 80DDB. Let us understand this with help of an example.
Raj suffers from cerebral palsy and is dependent on his brother Vijay for maintenance. Vijay spends around Rs.
1 lac per annum on maintenance of Raj.
In this case, if Raj claims deduction in his return of Rs. 50K, Vijay cannot claim deduction in his return under
Section 80DDB. At the same time, if Vijay has claimed deduction in his return, Raj should not claim it.
We hope this post was useful to you. Please write to us in case of any queries or suggestions.
Abhinav Gulechha
SEBI Registered Investment Advisor (RIA) & Principal Financial Planner at M/s Soham Financial Planners
Infibeam.com
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{ 47 comments read them below or add one }
Kartik Sehgal January 10, 2014 at 2:21 pm
My father has diabetes and also he has very low vision in both his eyes due to gluacoma. Is this disability
covered under this section? Is there any eye test or certificate that we can get for submitting his disability?
Reply
SohamFP January 11, 2014 at 4:08 pm
Dear Kartik
Yes, Low vision is covered under Section 80DD however for qualifying, disability has to be
atleast 40%. You can check with the specialist doctor under whom your father is presently
undergoing treatment and also carry a printout of the Form 10IA (download it from given link).
Once doctor certifies it, you can keep in records and claim the deduction/ submit to employer at
time of investment proof submission.
Reply
ASHISH January 15, 2014 at 2:33 pm
My mother is a 53 years old and a cancer patient. I have spent an amount of Rs. 3 lakh for her medical
expenses and i have received an amount of Rs. 260000/- from insurance company as reimbursment. Now
can i get the benifit of remaining amount of Rs. 40000/- which i had paid as co-payment to the hospital.
34 2 2
6 of 19 01-06-2014 07:07
Reply
Abhinav January 15, 2014 at 7:16 pm
Dear Ashish,
No, you wont be able to claim any deduction u/s 80DDB as re-imbursement amount Rs. 2.6L
exceeds Rs. 40,000 which is the specified deduction under the section.
Reply
Narasimhan January 15, 2014 at 3:21 pm
I am hearing impairment and have medical certificate section 80U of Income Tax. My daughter is hearing
impairment. Can she apply for Medical Certificate 80DD of Income Tax? Please advise me.
Reply
Abhinav January 15, 2014 at 7:20 pm
Dear Sir
Yes, in case you are incurring an expenditure for treatment of your daughter, you can also claim
deduction u/s 80DD in addition to a deduction for yourself u/s 80U, provided your daughters
disability is > 40% and prescribed certificate from medical authority is obtained.
Reply
Amit Gupta January 29, 2014 at 2:32 pm
Dear Abhinav,
My father has just undergone Angioplasty. I have paid almost INR90000/- towards medical expense. Can I
claim this amount under 80ddb?
Reply
Abhinav Gulechha January 29, 2014 at 2:51 pm
Dear Amit
No, angioplasty is not covered.
Reply
Aniruddha January 31, 2014 at 2:48 am
Sorry Abhinav,
By mistake typed wrong name.
7 of 19 01-06-2014 07:07
My mother is undergoing treatment for cancer. I got form 10-I signed from govt. doctor last year when I
claimed deduction under 80DDB last year. Can you please advice whether I need a fresh form 10-I if I
want to claim deduction under 80DDB this year also (I have original medical bills for this year) or I can
use last financial years 10-I form to claim under 80DDB this year?
Thank you
Reply
Abhinav Gulechha January 31, 2014 at 10:40 am
Dear Anirudh
Yes, you need to get the certificate signed separately every year in order to claim deduction, but no
need to submit it along with the return, just keep it in your records.
Reply
aparna March 3, 2014 at 12:18 pm
I need your advise, in the current year i have spent upto Rs. 30000/- on treatment of cancer of my guardian
who is unmarried senior citizen and financially not sound, and not covered under any mediclaim
insurance, can i claim this amount under 80DDB Kindly advise.
Reply
Abhinav Gulechha March 3, 2014 at 1:24 pm
Dear Aparna
You can get a deduction of Rs. 30,000 under Section 80DDB but there is a condition that the
expenditure has to be done for either you or your wholly / mainly dependent husband / wife,
children, parents, brothers and sisters.
Reply
sonal victor March 3, 2014 at 12:51 pm
i m suffering from cerebral palsy and have incurred more than 40000 last year.can i get a deduction under
section 80ddb as well as 80 u as my disablity is more than 40%.so can i get a deduction of
40000+50000=90000?
Reply
Dear Sonal
No, double deduction is not allowed. Either your family member can claim under Section 80DD
(Rs. 1L) (note: 80DD, not 80DDB) or you can claim under Section 80U in your return (Rs. 1L).
8 of 19 01-06-2014 07:07
Reply
THANK U SO MUCH SIR..
Reply
Youre most welcome. Do subscribe to our monthly newsletter and 400+ page ebook
Reply
Mushtaq Wani March 3, 2014 at 9:16 pm
Sir
My mother (> 80 years) was suffering from hearing impairment (>80%) for which the certificate was
given by the Head of the Department ENT of State Medical College Hospital Srinagar. The certificate was
given till death. For the last 3-4 years I was given the rebate Under 80 DD, She died on 3rd December,
2014 after completing the > 09 months of the current year. Can I claim the full rebate under 80DD.
Reply
Abhinav Gulechha March 4, 2014 at 10:51 am
Yes Mushtaq, you can claim full rebate and not proportionate. Section 80DD talks about a fixed
deduction, its not dependant on the no. of months. From the next year onwards, you cannot claim.
Reply
Mushtaq Wani March 3, 2014 at 9:22 pm
I have diabetes and also has very low vision in both his eyes due to glaucoma.on insulin. My expenditure
on diabetic drugs is more than 60, 000 per year, using two types of insulin Lanctus (time bound) and
Himlog (food bound). Can I claim rebate under 80 DDB or any other clause. Please convey and oblige.
Reply
GOOD EVENING SIR,
as told earlier,i have cerebral palsy and i hav the certificate to claim deduction under section 80u .i hav a
brother who is mentally retarded and is fully dependent on me.will i be able to get a deduction under
section 80u as well as 80dd.if yes then what will be my total deduction and which form is needed to apply
under section 80dd??
Reply
9 of 19 01-06-2014 07:07
Roy Augustine March 10, 2014 at 7:12 pm
Hi Abhinav,
My Sister and My daughter both are having mental retardation. Can I claim 80DD for both of them? Also,
should I produce the medical bills (I mean treatment bills)for claiming 80DD?
Thanks,
Roy
Reply
Dear Mr. Augustine
Maximum deduction you can claim under Section 80DD is Rs. 50000 (if disability is more than
40% but less than 80%) and Rs. 100000 (more than 80%) this limit will apply even if there are
multiple family members in your family who are suffering from this problem and are dependant on
you.
In your case, even if one member (sister/ daughter) is having disability > 80%, you can claim Rs. 1
lac deduction.
Reply
Sarita March 11, 2014 at 6:09 pm
Hi Abhinav,
My son has Autism with disability 40%.He attends a special school but doesnt require any medical
treatment .Can I claim deductions under section 80DD? Do I have to produce his disability certificate
while filing my returns?
Tx,
Sarita
Reply
Dear Ms. Sarita
The deduction is available only when SOME expediture has been incurred for maintenance,
treatment or nursing of such dependant relative, in your case if you dont incur a single rupee of
expenditure, strictly speaking as per income tax act, deduction shall not be available. However, if
you incur some expenses in form of doctors consultation etc. (even a single rupee), you are eligible
for a fixed deduction of Rs. 50000. You dont need to produce certificate or medical bills at the time
of claiming exemption in the return. But you must retain the certificate copy in your file to refer in
case asked by IT department lateron.
Reply
10 of 19 01-06-2014 07:07
FRANCIS XAVIER March 16, 2014 at 1:28 am
My daughter was claiming deduction u/s 80u for the last few years by submitting the eligibility certificate
from income tax dept.H as she to get a fresh certificate again this year from IT dept to claim the dedn She
is suffering from polio with more than 50% permanent disability The eligibility certificate does not
mention any expiry date
Reply
If the doctor certifies that problem does not require a re-assessment as in your case, its permanent
and will not improve, you dont need a new certificate every year..
Reply
jitendar bansal March 23, 2014 at 4:05 pm
can i and my brother claims 80dd and 80ddb ? i mean if i claims 80ddb and brother 80dd on behalf of my
father? can we both claim one one deduction or both deductions should be by one person?
Reply
Dear Jitender
Have replied to you separately. There is no prohibition of claiming deduction under same section by
2 persons as long as both are spending on maintenance of the concerned.
Reply
thank you ver much sir.
Reply
respected sir
my gross salary is 3.80 lacs and employer contribution is not included in
my gross salary .. e. g my salary is 3.80 lacs without adding employer contribution to
my gross salary. still am i eligible for deduction under 80 ccd (2) ? if yes then it will
come into one lac limit or separate deduction? kindly help me and i am very thankful to
you for earlier solutions.
Thanks
Reply
11 of 19 01-06-2014 07:07
Dear Jitender
I presume your question relates to NPS. In the NPS, deduction is available as
follows:
Employer contribution: Allowed to the extent of 10% of emoployees salary
(this will be over and above the Rs. 100000 limit)
Employees contribution: Allowed to the extent of 10% of employees salary
(will fall within the overall limit of Rs. 100000)
Salary will mean all components of salary but will exclude allowances (like HRA
etc.) and perquisites (e.g. rent free accomodation, car etc.)
Coming to your question, your contribution to NPS will have to be considered
within Rs. 1 lac limit. For your employers contribution, you can claim over and
above Rs. 1 lac deduction limit, for this purpose, salary will also include
employers contribution to NPS and after that, 10% of that salary is allowed as
deduction.
Reply
Youre most welcome!
Reply
setu March 27, 2014 at 3:22 pm
sir if i claim deduction under section 80dd and file my return online,than do i need to send copy of FORM
10-IA with return to banglore office.
Reply
Dear Setu, no you dont. Just file and retain at your end, no need to submit anywhere.
Reply
Raghu April 14, 2014 at 1:20 pm
Hello Sir, My father lost his complete vision of one eye last year. Kindly help me with below questions
1. Can i claim Rs.50,000/- under section 80DD with doctors certificate mentioning disability?
2. I incur regular medical expenses for him in terms of his monthly medicine for his diabetics. Should I
submit these medicine bills to claim this benefit under section 80DD?
3. I also incur doctors consultation charges for his eye every 6 months once. This will be around 500/- per
visit. Should I only claim only the consultation charges (of Rs. 1000/- per year) or I am eligible to claim
12 of 19 01-06-2014 07:07
Rs. 50,000 under 80DD.
Thanks in advance for your valuable inputs.
Reply
Abhinav Gulechha April 14, 2014 at 1:56 pm
Dear Raghu
Yes, please approach a qualified doctor and get the certificate in prescribed format. Deduction under
this section is a FIXED deduction (irrespective of actual expenditure) and is based on the degree of
illness so, if loss of vision is less than 40% no deduction, if 40-80% fixed Rs. 50000 and if
more than 80% fixed Rs. 1 lac. How much is the degree of loss that the doctor will certify. No
need to submit the form and bills anywhere. Just retain the form with yourself so later if IT
department asks you can provide.
Reply
Raghu April 14, 2014 at 3:33 pm
Thank you so much Abhinav Sir for such a swift response.
Reply
Most welcome Raghuany queries please share in comments section or write at
contact@sohamfp.com
Reply
Sagar April 14, 2014 at 11:13 pm
Hi sir,
I am married an my parents in law are differently able(hearing disability 100%). I am helping them in
paying their medical ploicy and LIC as my wife beeing their only child.
Can I get exemption in this case under 80D. If yes what shall be the percentage/amount.
Regards
Sagar
Reply
Dear Sagar
No deduction is available for payment for in laws under both Section 80D and Section 80DD. If
your wife does the payment, she can get a rebate u.s 80D (if its a normal policy) and also under
Section 80DD provided the conditions of that section are satisfied.
13 of 19 01-06-2014 07:07
Reply
Anand April 17, 2014 at 3:46 pm
Hello Sir,
Can I claim 50,000/- actual amount incurred on disability mental retardness ( > 40% ) for my Wifes
brother ? Pls help.
Thanks
Anand
Reply
Dear Anand
No, unfortunately you cannot for your wifes brother. However, if your wife has taxable income and
your brother is dependant on her, she can claim this exemption in her return.
Reply
GAJAN April 28, 2014 at 4:07 pm
my father is 70% handicapped due to polio. i have 40000 rs normal bill as his treatment like fever,tiefiyed
stone,,,any benifit in my tax deduction? if yes then which section cover it.?
Reply
Abhinav Gulechha April 29, 2014 at 9:40 am
Dear Gajan
Do check with the doctor the disease may come under Locomotor disability (related to bones,
joints etc. leading to restriction in movement) if the doctor certifies and degree is 70% as you
mentioned, you can claim flat Rs. 40K deduction u/s 80DD in your income tax return, irrespective
of your expenditure for treatment. You also need not submit the certificate anywhere, just retain
with yourself.
Reply
V Vijaya Raghava May 29, 2014 at 5:40 pm
Hello Sir,
I am working as a Team lead in a reputed Banking Organization.
I am suffering from Low Eye Vision and my power is as below:
-14.5 with -4.5 Cylendrical axes for both of the eyes.
14 of 19 01-06-2014 07:07
In this case, Am I eligible for getting benefit under 80U ?
Please assist ?
Also, my brother is mentally retarded and Medical board certified it as 40% disability. Am I suitable for
80DD ?
Reply
Abhinav Gulechha May 30, 2014 at 11:28 am
Dear Mr. Vijay
For Section 80U purpose, blindness and low vision has been defined as follows:
Blindness refers to a condition where a person suffers from any of the following conditions,
namely:-
(i) Total absence of sight. or
(ii) Visual acuity not exceeding 6160 or 201200 (snellen) in the better eye with correcting lenses; or
(iii) Limitation of the field of vision subtending an angle of 20 degree or worse;
Low vision Person with low vision means a person with impairment of visual functioning even
after treatment or standard refractive correction but who uses or is potentially capable of using
vision for the planning or execution of a task with appropriate assistive device;
You can check with your doctor whether the low vision in your case falls under these definitions
and you will need a certificate in prescribed format to claim the deduction
For your brother, if he has 40% disability and doctor has certified it, and you are responsible for his
maintenance, you can also claim Section 80DD deduction of Rs. 50,0000. Note that in such a case,
your brother cannot claim a deduction u/s 80U in his return.
Reply
V Vijaya Raghava June 1, 2014 at 6:57 am
Thanks Abhinav. Thanks a lot for your quick reply and comments. I will check with doctor about the
eligibility.
Reply
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