1. Three Disability Provisions in ITA 2025
ITA 2025 provides three distinct deductions covering different disability situations. Taxpayers often confuse them or miss applying the correct one. Understanding which provision applies is the first step to maximising the tax benefit:
- Section 80U equivalent: For a taxpayer who is themselves a person with disability
- Section 127 (80DD): For a taxpayer caring for a disabled dependent
- Section 128 (80DDB): For actual medical treatment of specified diseases (self or dependent)
All three are old regime deductions only. The combined benefit can reach Rs 2.5 lakh per year for a taxpayer with both self-disability and a disabled dependent.
2. Section 80U Equivalent: Self-Disability Deduction
An individual taxpayer who is personally certified as a person with disability can claim a flat deduction -- no proof of actual expenditure needed:
- Disability (40% to below 80%): Rs 75,000 per Tax Year
- Severe disability (80% or more): Rs 1,25,000 per Tax Year
- Applicable disabilities: blindness, low vision, leprosy (cured), hearing impairment, locomotor disability, mental retardation, mental illness, autism spectrum disorder, cerebral palsy, multiple disabilities
- Certification: issued by a medical authority (specified doctor in government hospital or medical board)
3. Section 127 (80DD): Disabled Dependent Deduction
Section 127 allows a caretaker to claim deduction for expenses on maintaining a disabled dependent:
- Eligible dependents: spouse, children, parents, brothers, sisters
- Disability (40%-79%): Rs 75,000 flat deduction
- Severe disability (80%+): Rs 1,25,000 flat deduction
- Deduction is flat -- not based on actual expenditure; just the certificate
- Critical rule: if the disabled person themselves claimed Section 80U deduction, no one can claim Section 127 for that same person
- Section 127 also covers premiums paid for insurance schemes specifically for disabled dependents
4. Section 128 (80DDB): Specified Disease Medical Treatment
Section 128 deducts actual medical treatment expenditure for specified diseases:
- Covered diseases: cancer, neurological diseases (dementia, dystonia, Parkinson, chorea, motor neuron disease), thalassaemia, haemophilia, chronic renal failure, AIDS
- For person below 60 years: maximum Rs 40,000 deduction
- For senior citizen (60+): maximum Rs 1,00,000 deduction
- Deduction is reduced by any medical insurance reimbursement received for the same treatment
- Certificate from specialist in a government hospital required
5. Practical Combined Example
Illustrative only. Taxpayer (45 years, 65% locomotor disability) maintains an autistic son (90% disability) and spouse had cancer treatment costing Rs 60,000 (insurance covered Rs 25,000):
- Section 80U equivalent: Rs 75,000 (self, 65% disability)
- Section 127: Rs 1,25,000 (autistic son, 90% severe disability)
- Section 128: Rs 35,000 (cancer treatment Rs 60K minus insurance Rs 25K)
- Total deduction: Rs 2,35,000 in old regime
- Tax saving at 30% bracket: approximately Rs 73,000
6. Disability Certificate Process
All three provisions require medical certification:
- Section 80U and 127: certificate from a government hospital doctor or medical board specifying disability type and percentage
- Section 128: certificate from a specialist in the relevant specialty in a government hospital
- Permanent disabilities: once certified, need not be renewed annually
- Progressive or potentially improving conditions: annual renewal may be required
- Private hospital certificates: generally not accepted -- government hospital certificate is mandatory
7. Deduction vs Exemption
These disability provisions are DEDUCTIONS (reducing taxable income), not exemptions (income excluded). The tax saving depends on the taxpayer bracket -- a taxpayer in the 30% bracket saves more from a Rs 1.25L deduction than one in the 5% bracket. In the new regime, none of these deductions are available -- taxpayers should compute the old vs new regime comparison carefully when significant disability deductions are applicable.
8. Transport Allowance for Disabled Employees
Separately, salaried employees who are disabled may receive transport allowance:
- Disabled employees: transport allowance up to Rs 3,200 per month may be specifically exempt for commuting between residence and work
- This is separate from and additive to the Section 80U deduction
- Standard deduction Rs 75,000 is already available in both regimes and replaces the old medical/transport allowance structure
9. Trust for Disabled Dependent
Section 127 (80DD) has a specific provision for establishing a trust or purchasing annuity/insurance for the disabled dependent care after the caretaker passes away:
- Premium paid to insure the disabled dependent (life insurance, annuity): deductible under Section 127
- On caretaker death: insurance proceeds/annuity paid to disabled dependent are specifically treated -- not as large taxable income for the dependent
- This encourages long-term financial planning for disabled family members
10. Why TaxClue
Disability deductions require the right certificate, correct provision application, and old regime optimisation. TaxClue helps disabled taxpayers and caregivers claim maximum deductions. Contact us under ITA 2025.