FAQ – Disability Reform and Law 104: What Has Changed since 2026

The disability reform enacted on March 1, 2026,marks a profound change to the system that is applied in Italy to grant disability and legal disability status.

It was established by Legislative Decree 62/2024, and it put in place a new method to do a

• Medical evaluation,
• Disability level evaluation,
• Produce a written record related to Legal Disability and Law 104.

The aim of the reform is to male the system less bureaucratic and to take in consideration not only the medical diagnosis, but also the impact that the disabled condition has on the everyday life of the disabled individual.

No. Currently the reform is in its

experimental phase. This means that:

• In the provinces involved in the experimentation (see point 8) the new applications follow the new system of evaluation

• In the other provinces the old system continues to be followed (FAQ – The granting of disability status – JumaMap.)

The government’s goal is to extend the new system to all of the national territory by January 1, 2027

For this reason it is essential to verify which system is being used in the province where you will be filing the application.

The reform is being introduced gradually in numerous Italian provinces. The list of the provinces involved to date in the following:

Alexandria Ancona Arezzo Ascoli Piceno Asti

Bergamo Bologna Bolzano/Bozen

Brescia Brindisi Cagliari Caltanissetta

Campobasso Caserta Catania Catanzaro Chieti

Como

Cosenza

Crotone

Cuneo

Florence

Forlì-Cesena

Frosinone

Genoa

Isernia

La Spezia

Lecce

Macerata

Mantua

Massa – Carrara Matera

Messina

Milan

Palermo

Pavia

Perugia

Piacenza

Pordenone

Potenza

Ravenna

Reggio Calabria

Rimini

Rome

Salerno

Sassari

Savona

Sondrio

Teramo

Terni

Turin

Treviso

Trieste

Udine

Venice Verona

Vibo Valentia

Vicenza

If you live in one of these provinces and are filing a new application, your situation will be evaluated according to the new assessment system. The government’s objective is to extend the new system to all of the national territory by January 1, 2027.

• Undergo a Medical Visit

A general practitioner or specialist will fill out an introductory medical certificate and will send it online to INPS (Italy’s Social Security Services.)

The doctor is responsible for sending all of the documentation to INPS: You are responsible for:

• Making the appointment

• Bringing the relevant documentation

• Saving the receipt.

This means that the application is automatically activated, and Social Security will immediately set it in motion. Thefore it’s no longer necessary to apply a second time after having obtained the medical certificate..

To know out how to find a general practitioner in Italy, consult FAQ – The Right to Health in Italy – JumaMap

• Go to the Assessment Appointment

After the opening of the procedure, Social Security will summon you by sending a:

• SMS

• email

• In certain cases, a regular letter

• Via tour personal area on the INPS page

Usually you will receive:

• Date of visit

• Time of visit

• Address (or method)

The assessment will consists of:

• Medical visit (as before, but in accordance with the new criteria)

• In certain cases there will be an assessment of documentation

The assessment takes in consideration:

• State of health

• Level of autonomy

• Social life and employment history

This is why it is referred to as a multifaceted approach: a multidisciplinary team will assess not only the pathology, but must

also consider life’s reality, the desires of the individual and the barriers that he/she faces. The assessment, therefore, is not limited to calculating the percentage of the medical disability, but must consider all the dimensions that the individual experiences. This is the meaning of a multidimensional assessment.

• Get the Result

Instead of calculating a percentage of the disability as in the past, now the assessment classifies the need for assistance on the basis of four levels of intensity based on international criteria ICF (International Classification of Functioning):

• Light: Needs a low level of support.

• Medium: Needs moderate assistance.

• Intensive (Elevated): Associated with a serious limitation of autonomy.

• Intensive (Very Elevated): There is a lack of autosufficiency that calls for constance assistance.

Condition’s Recognition

The final certificate establishes if you are a person with disability. Depending on the gravity found (light, medium, elevated or very elevated), the assessment gives you the right to:

• Finalcial Benefits. They replace the old pensions and compensation. If the assessment finds a disability with an elevated or very elevated need for assistance, the payments will automatically be set in motion (such as care allowance payments or incapacity allowance.)
• Fiscal and working benefits: A favorable outcome guarantees access to days off from work (former Law 104,) tax breaks for cars or other technical supports and an allowance to purchase the necessary assistance tools.

The evaluation outcome will be automatically placed in your Electronic Health Record (EHR) that digitally contains your overall health history (your medical records.) It’s possible for you to view the file by using your electronic identity card (CIE) or SPID (Public Digital Identity System).

To view your Digital Medical Records click here!

In summary, what will you get?

You will receive a digital document that certifies your status as a person with disability. This is the only document necessary.:

1. You will receive from Social Security (INPS) an economic allowance or subsidies.
2. The Revenue Agency will accept your tax deductions.
3. You will be able to avail yourself of social services in the municipality where you reside

The Legislative Decree 62/2024 wants to:

1. Eliminate the confusion between proceeding for Legal Disability and Disability:

• The Legal Disability Proceeding assesses the level of reduced working capacity (it’s expressed in percentages, I.e. 74%, 100%). It serves primarily to receive financial subsidies in the form of checks or pensions, and tax deductions.
• Disability Proceeding (Law 104/92:) are held to assess and validate a physical, mental or sensorial handicap (legal disability, blindness, deafness, deafblindness,) and the eventual necessity for assistance to be given to the disabled individual (social assessment, Law 104/1992.)

2. Consolidating the Two Proceedings

With the reform 62/2024 there will no longer be separate proceedings, a sole certificate will be issued that will describe the level of disability.

3. Introducing a New Terminology

The decree abolishes the terms “invalidity,” “handicap,” or “differently abled” in all ordinary legislation, replacing them with “Individual with disability.”

4. Have an “Individual Life Project”

A positive assessment of the request compels, upon request, the local administration (municipality and health department) to set in motion an Individual Life Project, a personalized plan that coordinates all assistance (financial, social and medical,) that an individual will need.

With the reform the approach to the assessment changes.

In the past checks were aimed at primarily

verifying the level or percentage of disability, calculated in accordance with tables that linked each pathology to an already established percentage.

Instead the new system will also take into consideration the impact the condition has on the life of the person, including:

• Individual autonomy
• Capacity to work
• Social Interactions
• Difficulties encountered during daily activities

The goal of this approach is to assess disability in a manner that is more realistic while putting the individual at the center.

Yes.

The new way that the assessment is made takes into account the actual barriers that an individual must face in his/her daily existence.

For example: a person who has a good level of self-sufficiency could get a different assessment than an individual with the same diagnosis but with a greater need for assistance and support,

One of the reform’s objectives is to introduce a sole authentication for disability.

In the future a sole proceeding could be valid for a variety of services such as:

• Legal disability

• Application of Law 104

• Other measures of assistance and support.

The intent is to simplify the guidelines for individuals with disability and his/her family by reducing:

• Repeated medical visits

• Waiting periods

• Bureaucratic procedures.

The reform does not automatically change the requisites for being granted disability status.

In particular:

• The medical standards have not changed

• The economic compensation has not changed

• Higher percentages are notguaranteed.

  What changes is the assessment process with the objective of taking into account all aspects of a person’s life.

To apply for the granting of legal disability

or Law 104 you must:

1. Have up to date medical records and detailed medical authentication

Bring to the doctor:

• Up to date medical records from appropriate specialist

• A correct diagnosis (better if recent)

• Hospital records

• Records from previous proceedings.

The documentation must be clear and legible, in Italian, and must describe how the disability impacts on your daily existence

2. Describe to the doctor your situation in depth, the difficulties you encounter in your daily life and,

if relevant, the social and working limitations you have to endure.

The doctor (general practitioner or specialist) will write a certificate therefore it’s important for you to communicate:

• All pathologies (if necessary more than 1)

• An accurate description of your symptoms

• Practical hardships (walking, working, self-sufficiency, etc.)

NB: Do not minimize your condition, the assessment outcome is also based on your description.

3. Be Sure of the Administrative Requirements

Before applying, make sure that:

• You have a fiscal code and valid ID

• Your are a resident in Italy

• Have a SPID/CIE (useful to follow up.)

4. Have Extra Documentation Ready

If it is relevant have:

• If employed, a work certificate

• If a minor, a school certificate

• Reports from social workers or health aides.

The reform foresees that at the end of the experimental phase, the new system will go into effect throughout Italy on January 1, 2027.

In the coming months several aspects will be monitored, among these:

• Waiting period for visits

• How are the reports written

• Impact on financial and welfare services.

Why Does it Matter to Be Well Informed?

During the transition phase the procedures can change from province to province.

Knowledge of the changes introduced by the reform and the correct preparation of the documentation can help your family and

you to apply in a more informed fashion.

Given that the reform is still in the process of being implemented, our advice is to keep track of developments to make sure that it will actually go into effect in January 2027.