What is a Qualifying Residence — Complete Legal Guide

What is a Qualifying Residence — Legal Definition and Importance

A qualifying residence is a central legal term in Israeli law, primarily in the context of tort claims, national insurance, and insurance claims. This definition determines whether a person injured in an accident or occupational disease is entitled to compensation for loss of or reduction in their ability to maintain a residence as they previously did.

In principle, a qualifying residence refers to an apartment in which the injured party was living during the period before the accident or injury, and in which they wish to continue living after the injury. This is not merely a legal issue, but also an essential tool for calculating fair compensation and determining the injured party's housing rights.

In complex tort claims, especially in cases of permanent disability or significant loss of work capacity, the question of whether the injured party can remain in their previous residence or whether the residence needs to be updated (for example, an apartment more accessible for persons with disabilities) is a material question that will affect the final compensation amount.

Why is this definition important for tort claimants?

When a person is injured in a traffic accident, work accident, or as a result of public negligence, they are entitled to compensation for all damages caused to them. One of the important damages is the economic loss resulting from the need to upgrade or adapt the injured party's housing to their new needs. If the injured party requires an apartment on a lower floor, closer to medical treatment centers, or with accessible infrastructure for persons with disabilities, the difference between the cost of the previous residence and the new residence is significant in calculating compensation.

Additionally, in claims against national insurance, the definition of a qualifying residence determines the basis for compensation for housing expenses or loss of ability to maintain the residence. This is a matter of fundamental rights — housing is a basic need, and the law recognizes this.

Precise Legal Definition: What Makes a Residence 'Qualifying'?

Under Israeli law, a qualifying residence is defined in the context of case law and national insurance law. In principle, a residence is considered 'qualifying' if it meets the following criteria:

• It is the injured party's residence during the period before the injury — this is the apartment in which the injured party was living at the time of the accident or onset of the disease.
• It is a residence in which the injured party wishes to continue living — this is not a temporary residence or one the injured party tried to leave.
• It is a residence that can be adapted to the injured party's needs after the injury — either it is already suitable, or improvements can be made to it at reasonable cost.
• It is a residence regarding which there is a protected legal interest — that is, the injured party or their family have a legal right in the residence (ownership, tenancy, or any use right).

It is important to note: this definition does not refer to the size of the apartment, its location, or its luxury level. It is a simpler question — is this the injured party's former residence, and if so, is it still suitable for their needs after the injury.

Practical example to understand the definition

Suppose a person lived in a rental apartment on the third floor in Tel Aviv. They were injured in a traffic accident and one aspect of their disability is difficulty with stairs. In their insurance claim, they seek compensation for upgrading to an apartment on a lower floor. Their former rental residence is considered a 'qualifying residence' because it was their residence at the time of injury, and they wish to remain in Tel Aviv. The difference in cost between the apartment on the third floor and an apartment on the first floor in monthly rent will be the basis for a claim for economic damages.