The SGB IX protects, according to § 1, people with disabilities and people who are at risk of disabilities. Disability is defined in § 2 as a "deviation of physical function, mental ability, or mental health from the state typical for the age", which impairs equal participation in society.

Positive Action measures are regulated in the second part of SGB IX and are only applicable to people with severe disabilities, i.e. a degree of disability of at least 50%. The scope of application can also be extended to people who are treated equally to people with severe disabilities. This is possible with a degree of disability of less than 50%, but more than 30% if the disability entails severe limitations which are to be compensated by Positive Action.