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 taxexemption for maintenance and benefit of disabled person. Today, I want to create awareness of theseprovisions, 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 anemotional toll on the family members, but also the family spends a significant amount on medical care andnursing of such family members.

Image Courtesy: Dominik Golenia

In this provision, you get a deduction in respect of maintenance including medical treatment of a handicappeddependent 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 2You have incurred expenditure for medicaltreatment, training and rehabilitation of adisabled dependent.

You have paid or deposited under anyscheme framed LIC or any other insurer formaintenance of dependent

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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 sistersin case of HUF, “dependent” means any member of HUFPerson suffers from any of the following disabilities: Disability should be not less than 40 percent.

BlindnessLow visionLeprosy curedHearing impairmentLocomotor disability (related to bones, joints etc. leading to restriction in movement)Mental retardationMental Illness (disorders other than retardation)AutismCerebral PalsyMultiple 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 andmaintenanceSuch 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 actualamount 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 deductionDisability 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 hishandicapped father who is wholly dependent upon him. For disability, a copy of certificate from medicalauthority is submitted.

As grandfather does not come within the definition of “dependent” in section 80DD, nothing shall be deductedunder section 80DD.

As brother does come in the definition of “dependent”, Rs. 50,000 is deductible. If however, the dependentbrother 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. Ifthe disability requires reassessment, you will have to obtain a fresh certificate after the expiry of the periodmentioned 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 PediatricNeurologist 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 whenrequired, at the time of assessment.

Under option 2, schemes provide for payment of an annuity or a lump sum amount of benefit ofdependent, being a person with disability in the event of death of the individual or the member of theHindu 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 otherperson 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, anamount equal to the amount paid or deposited as stated above shall be deemed to the income of the assessee ofthe previous year in which such amount is received by the assessee and shall accordingly be chargeable to tax asthe 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 timeof Jan-Feb, you will have to submit a copy of medical certificate along with other investment proofs toemployer.

Section 80DDB

What are the conditions for claiming this deduction?

You should be a resident of India and individual/ HUFYou 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 ofthe 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 Governmenthospital.

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 actuallypaid, whichever is lower.

Important note: Deduction eligible under this section shall be reduced by amount received, under insurancefrom 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 April2013. He had taken a mediclaim policy in name of mother and gets Rs. 1 lac as mediclaim reimbursement. Howmuch deduction u/s 80DDB he can claim?

Answer: Since Manoj’s 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 insurancecompany/ employer is to be deducted. Now, since Rs. 1 lac has been received from insurance company, nodeduction 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 inNeurology or any equivalent degree, which is recognised by theMedical Council of India;

Malignant cancers Oncologist having a Doctorate of Medicine (D.M.) degree inOncology or any equivalent degree which is recognised by theMedical Council of India

Chronic renal failure Nephrologist having a Doctorate of Medicine (D.M.) degree inNephrology or a Urologist having a Master of Chirurgiae (M.Ch.)degree in Urology or any equivalent degree, which is recognised bythe Medical Council of India;

Hematological disorder Specialist having a Doctorate of Medicine (D.M.) degree inHematology or any equivalent degree, which is recognised by theMedical 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 thathospital and having a post-graduate degree in General or Internal Medicine, which is recognised by the MedicalCouncil 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 Section80DD the taxpayer’s family member is differently-abled person, and taxpayers spends for medical treatment forhim, 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 cannotclaim 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 underSection 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 GulechhaSEBI Registered Investment Advisor (RIA) & Principal Financial Planner at M/s Soham Financial Planners

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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 disabilitycovered 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 beatleast 40%. You can check with the specialist doctor under whom your father is presentlyundergoing 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 attime 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 medicalexpenses and i have received an amount of Rs. 260000/- from insurance company as reimbursment. Nowcan 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. 2.6Lexceeds 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 hearingimpairment. 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 claimdeduction u/s 80DD in addition to a deduction for yourself u/s 80U, provided your daughter’sdisability 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 Iclaim 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 Iclaimed deduction under 80DDB last year. Can you please advice whether I need a fresh form 10-I if Iwant to claim deduction under 80DDB this year also (I have original medical bills for this year) or I canuse last financial year’s 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 noneed 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 guardianwho is unmarried senior citizen and financially not sound, and not covered under any mediclaiminsurance, 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 theexpenditure 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 undersection 80ddb as well as 80 u as my disablity is more than 40%.so can i get a deduction of40000+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


You’re most welcome. Do subscribe to our monthly newsletter and 400+ page ebook

Reply

Mushtaq Wani March 3, 2014 at 9:16 pm

SirMy mother (> 80 years) was suffering from hearing impairment (>80%) for which the certificate wasgiven by the Head of the Department ENT of State Medical College Hospital Srinagar. The certificate wasgiven 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 fixeddeduction, 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 expenditureon diabetic drugs is more than 60, 000 per year, using two types of insulin Lanctus (time bound) andHimlog (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 abrother who is mentally retarded and is fully dependent on me.will i be able to get a deduction undersection 80u as well as 80dd.if yes then what will be my total deduction and which form is needed to applyunder 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 than40% but less than 80%) and Rs. 100000 (more than 80%) – this limit will apply even if there aremultiple family members in your family who are suffering from this problem and are dependant onyou.

In your case, even if one member (sister/ daughter) is having disability > 80%, you can claim Rs. 1lac 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 doesn’t require any medicaltreatment .Can I claim deductions under section 80DD? Do I have to produce his disability certificatewhile 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 ofexpenditure, strictly speaking as per income tax act, deduction shall not be available. However, ifyou incur some expenses in form of doctor’s consultation etc. (even a single rupee), you are eligiblefor a fixed deduction of Rs. 50000. You dont need to produce certificate or medical bills at the timeof claiming exemption in the return. But you must retain the certificate copy in your file to refer incase 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 certificatefrom income tax dept.H as she to get a fresh certificate again this year from IT dept to claim the dedn Sheis suffering from polio with more than 50% permanent disability The eligibility certificate does notmention any expiry date

Reply


If the doctor certifies that problem does not require a re-assessment – as in your case, its permanentand 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 myfather? 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 by2 persons as long as both are spending on maintenance of the concerned.

Reply


thank you ver much sir.

Reply


respected sirmy gross salary is 3.80 lacs and employer contribution is not included inmy gross salary .. e. g my salary is 3.80 lacs without adding employer contribution tomy gross salary. still am i eligible for deduction under 80 ccd (2) ? if yes then it willcome into one lac limit or separate deduction? kindly help me and i am very thankful toyou 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 asfollows:

Employer contribution: Allowed to the extent of 10% of emoployee’s salary –(this will be over and above the Rs. 100000 limit)Employee’s contribution: Allowed to the extent of 10% of employee’s salary(will fall within the overall limit of Rs. 100000)

Salary will mean all components of salary but will exclude allowances (like HRAetc.) and perquisites (e.g. rent free accomodation, car etc.)

Coming to your question, your contribution to NPS will have to be consideredwithin Rs. 1 lac limit. For your employer’s contribution, you can claim over andabove Rs. 1 lac deduction limit, for this purpose, salary will also includeemployer’s contribution to NPS and after that, 10% of that salary is allowed asdeduction.

Reply


You’re 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 FORM10-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 doctor’s certificate mentioning disability?2. I incur regular medical expenses for him in terms of his monthly medicine for his diabetics. Should Isubmit these medicine bills to claim this benefit under section 80DD?3. I also incur doctor’s consultation charges for his eye every 6 months once. This will be around 500/- pervisit. 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 underthis section is a FIXED deduction (irrespective of actual expenditure) and is based on the degree ofillness – so, if loss of vision is less than 40% – no deduction, if 40-80% – fixed Rs. 50000 and ifmore than 80% – fixed Rs. 1 lac. How much is the degree of loss that the doctor will certify. Noneed to submit the form and bills anywhere. Just retain the form with yourself so later if ITdepartment 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 Raghu…any queries please share in comments section or write [email protected]

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 inpaying 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.

RegardsSagar

Reply


Dear Sagar

No deduction is available for payment for in laws under both Section 80D and Section 80DD. Ifyour wife does the payment, she can get a rebate u.s 80D (if its a normal policy) and also underSection 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 Wife’sbrother ? Pls help.

ThanksAnand

Reply


Dear Anand

No, unfortunately you cannot for your wife’s brother. However, if your wife has taxable income andyour 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,tiefiyedstone,,,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 youmentioned, you can claim flat Rs. 40K deduction u/s 80DD in your income tax return, irrespectiveof your expenditure for treatment. You also need not submit the certificate anywhere, just retainwith 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 for80DD ?

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 evenafter treatment or standard refractive correction but who uses or is potentially capable of usingvision 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 definitionsand 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 hismaintenance, 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 theeligibility.

Reply

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Section 80DD, Section 80DDB, Section 80U_ Tax Deduction for Disabled Persons

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Transcript of Section 80DD, Section 80DDB, Section 80U_ Tax Deduction for Disabled Persons