Civil disability (invalidità civile)

Who is entitled to disability status?
– People with physical, mental or sensory impairments and a permanent reduction in working capacity, expressed as a percentage, of at least 1/3 (33%), as well as minors with persistent difficulty in performing the tasks and functions typical of their age, can be recognised as having a civil disability (invalidità civile).

– People over 65 who have persistent difficulty in performing the tasks and functions typical of their age are also considered disabled.
– Civil disability does not cover people disabled through work, war or service, or the blind and the deaf, who benefit from separate provisions.
– Recognition of civil disability is not tied to any specific contribution or tax requirements, which are instead needed to obtain an ordinary disability pension or an ordinary disability allowance.

Besides Italian citizens (if they are permanently resident in Italy), the following are entitled to civil disability benefits:
– refugees;
– stateless persons;
– EU citizens;
– non-EU nationals holding an EU long-term residence permit (permesso di soggiorno lungo periodo);
– foreign nationals who are permanently resident and hold a residence permit valid for at least 1 year.

How do you apply to have a disability recognised in Italy?
To have a disability recognised in Italy, you need to submit a “disability application” to the ASL (local health authority) for your place of permanent residence, as shown in your documents in this country: residenza (registered residence) and permesso di soggiorno (residence permit).

In Italy you need a recognised incapacity of at least 74% to receive financial support, which goes by the following names:
– Assegno di inabilità (74–99%)
– Pensione di invalidità (100%)

Financial support is also granted to people who cannot look after themselves independently and need a carer (accompagnamento).

Disability support for minors (indennità di frequenza) is granted only on condition that the children attend school or a rehabilitation centre.

Children with disabilities are also granted a care allowance (accompagnamento).

How to obtain disability status in Italy:
1. Go to your GP (medico di base). Your GP or an accredited doctor sends a certificate (certificato medico introduttivo (online)) to INPS (National Social Security Institute), in which
they state the diagnosis and attach the application for disability / handicap / accompagnamento.
The certificate costs about €36 (the doctor sets the fee on the spot; some doctors issue it free of charge, while in some regions it costs more).
2. Next, either on your own or through a patronato (an Italian body that provides assistance and protection to workers, pensioners and everyone living in the country), submit your own “application for civil disability” (Domanda per invalidità civile). For this
you need a registered residence (residenza) and a bank account (IBAN) into which the benefit will be paid.
3. Receive the Attestato di trasmissione della Domanda from INPS (confirmation that your application has been received).
4. Next, you will receive an invitation to a medical examination (Convocazione per la Commissione medica).
5. Attend the examination (visita medica di accertamento) before the medical board (Commissione ASL integrata da un medico INPS), for which you will need your medical certificates (Certificati di malattia). If you obtained the certificates abroad, they must be translated into Italian.
6. Receive the board’s decision on the degree of disability (Verbale).

If you are refused financial support, you have the right to:
1). Go to a patronato and file a Ricorso (appeal) (within 6 months of receiving the board’s negative decision);
2). Take the case to court;
3). Wait 6 months and apply again on the grounds that your health has worsened (aggravamento invalidità civile).

What benefits does disability status give you in Italy?
Depending on the percentage of civil disability recognised or confirmed by INPS, you may be entitled to various benefits and concessions, such as:
– a monthly payment (disability pension);
– financial support or payment for an attendant (handicap) (paid by INPS);
– exemption from the medical “ticket” (prescription charge) (arranged through the ASL);
– discounted public transport tickets (apply to your local transport companies);
– the right to park in designated spaces (apply to the CTA, the disability office for your place of residence);
– free prostheses and mobility aids (arranged through the ASL);
– registration on special lists for targeted job placement;
– social assistance, and more.

Law 104 (L104/1992) provides that a worker with a severe disability must give their consent to a transfer to another location; otherwise the transfer is prohibited.

The law also gives disabled workers the right to choose the workplace closest to their home. The company grants this right where possible.

Workers with cancer or chronic degenerative conditions whose reduced working capacity has been recognised, including where it is caused by the disabling effects of life-saving treatment, are entitled to have their employment changed from full-time to part-time.

Disabled people and civil invalids with a reduction in working capacity of more than 50% are entitled to 30 days of medical-treatment leave a year. This leave may also be taken in instalments and does not count towards the sick-leave protection period (periodo di comporto). Pay is calculated under the rules that apply to sick leave. The request for medical-treatment leave must be sent to your employer.

Financial benefits that come with civil disability status in Italy:
1) Disability (incapacity) pension – LA PENSIONE DI INVALIDITA’ CIVILE
This is a financial payment granted to disabled people and civil invalids aged 18 to 67 who have been found to be totally unable to work, i.e. 100% disabled.
It is paid to Italian citizens living in Italy.
EU citizens and lawfully resident non-EU nationals are treated in the same way, provided they are permanently resident in Italy.
IMPORTANT: for the disability pension, your ANNUAL INCOME (IL REDDITO ANNUO) is always taken into account; as of 2023 the limit is €17,920.00.
Amount of the pension (in 2023): €313.91 a month.
The disability pension is paid from the first day of the month following the application until the age of 65 years and seven months (after that, the disability pension becomes a social allowance).
The disability pension is paid over 13 months, with a fixed monthly amount from year to year. After that, you have to be reassessed by the board.
On reaching 67, the pension turns into the social allowance (assegno sociale).
The disability pension is compatible (compatibile) with l’indennità di accompagnamento (an allowance paid to civil invalids who cannot walk or cannot carry out
everyday activities).
It is incompatible (incompatibile) with other benefits granted for the same disability resulting from war or service.
While receiving this pension, you are allowed to work.

2) Monthly civil disability allowance (L’ASSEGNO DI INVALIDITA’ CIVILE)
This is a financial benefit granted to disabled people and civil invalids aged 18 to 67 who have been recognised as having a civil disability of 74% to 99%.
It is a form of social support, not linked to your insurance payments and contributions.
IMPORTANT: the allowance takes into account your ANNUAL INCOME (IL REDDITO ANNUO), the maximum for which, as of 2023, is €5,391.88.
It is paid to Italian citizens living in Italy.
EU citizens and lawfully resident non-EU nationals are treated in the same way, provided they are permanently resident in Italy.
Amount of the allowance (in 2023): €313.91 a month.
The allowance is paid over 13 months, does not pass to survivors (non è reversibile ai superstiti) and is not subject to income tax (IRPEF).
The allowance now runs until the age of 67, after which it automatically turns into the social allowance (assegno sociale).
The allowance is incompatible (incompatibile) with any direct disability benefits granted for any reason.
However, nothing prevents you from receiving other social benefits not related to incapacity (for example, an old-age or early-retirement pension, or a survivor’s pension), provided that
your annual income stays below the (low) income limit set by law.
Compatibility with work: Article 3 of Law 188/1971 requires that the person concerned does not carry out any employed or self-employed activity (does not work). If these people do work, their income must be below €5,391.99 a year. If
the limit is exceeded, even only temporarily, the beneficiary must notify INPS, which will suspend the payment.

3) Attendance allowance (INDENNITA’ DI ACCOMPAGNAMENTO)
This is a financial payment (allowance) granted by INPS to people who need constant assistance in order to carry out everyday tasks (the actions needed to get by) and/or to walk.
It consists of a monthly amount that is not counted as annual income (IL REDDITO ANNUO) and cannot be seized or attached by the state.

REQUIREMENTS:
– recognition of total incapacity (100%);
– inability to walk without the constant help of a companion;
– inability to carry out everyday activities;
– a continuing need for constant assistance;
– Italian citizenship;
– for EU nationals: registration with the register office of the Comune (municipality) where they live (anagrafe del Comune di residenza);
– for non-EU nationals: a residence permit valid for at least one year;
– permanent residence in Italy.
The attendance allowance concerns not only elderly people but everyone who cannot walk or carry out everyday activities on their own (because of degenerative diseases such as Alzheimer’s or Parkinson’s, or after cerebrovascular events such as strokes or heart attacks), regardless of income and age.
If a person has been found 100% unable to work, the conditions for the care allowance are met with no income limit.
The attendance allowance is paid over 12 months, starting from the first day of the month following the application.
For 2023 the amount is set at €527.16.
The attendance allowance is exempt from income tax (IRPEF) and does not pass to survivors (non è reversibile ai superstiti). It is strictly tied to the applicant’s psychophysical condition and is granted as long as the applicant is not admitted to a care facility whose costs are fully covered by the state (or a public body).

4) School attendance allowance (L’INDENNITA’ DI FREQUENZA)
This is a financial allowance granted by INPS to support the schooling of minors under 18 who have particular difficulty in performing everyday tasks.
It is paid monthly for the actual duration of the treatment or course of study, until the month following the month in which attendance ends (12 months at most).
The amount (revalued every year and announced by INPS) is €313.91 as of 2023.

Requirements:
– age UNDER 18;
– being an Italian citizen or an EU citizen living in Italy.
Nationals of non-EU countries must hold a residence permit valid for at least 1 year or a permanent one, and live permanently in Italy;
– the child’s personal annual income (reddito annuo personale) must not exceed €5,391.88 (valid for 2023);
– recognised persistent difficulty in performing the tasks and functions typical of a minor, or hearing loss (at frequencies of 500, 1000 and 2000 hertz) of more than 60 decibels in the better ear (according to the findings of the competent ASL medical-legal board);
– attendance at a state or private school of any level (including nursery school), or at an affiliated state or private training or vocational training centre (aimed at people’s social reintegration), or a day or semi-residential outpatient centre (state or private facilities specialising in the therapeutic treatment, rehabilitation and recovery of disabled people).

YOU CANNOT RECEIVE THE ALLOWANCE IF:
– you are in hospital;
– you receive the attendance allowance for TOTAL CIVIL INVALIDS (l’indennità di accompagnamento per INVALIDO CIVILE TOTALE);
– you receive the attendance allowance for the TOTALLY BLIND (l’indennità di accompagnamento per CIECHI TOTALI);
– you receive the SPECIAL allowance for the partially blind (l’indennità SPECIALE PER CIECHI PARZIALI);
– you receive the COMMUNICATION allowance for the prelingually deaf (l’indennità di COMUNICAZIONE PER I SORDI PRE-LINGUALI).
Beneficiaries must send INPS every year (through their guardian) a declaration of responsibility confirming that they meet the legal requirements (Dichiarazione di responsabilità relativa alla
sussistenza dei requisiti di legge).

CIVIL DEAF (SORDI CIVILI): benefits
People with hearing impairments are considered deaf if they have congenital deafness, or deafness acquired in childhood (before the age of 12), that has prevented the normal acquisition of spoken language, provided that the deafness is not exclusively psychological in nature and was not caused by war, work or service.
Hearing loss (an average of 75 decibels HTL across the frequencies 500, 1000 and 2000 Hz in the better ear) is considered an obstacle to the normal learning of spoken language. If the hearing loss is below these
limits, or it is not possible to show when the hearing loss began, the health assessment follows the criteria for CIVIL DISABILITY.
Requirements for the pension:
– recognition of civil deafness (that is, a hearing threshold corresponding to a hearing loss of 75 decibels or more);
– age between 18 and 67;
– being an Italian citizen or an EU citizen living in Italy, or a national of a non-EU country holding an EU long-term residence permit;
– a personal annual income (reddito annuo personale) of no more than €17,920.00 (for 2023).
Payment of the pension: paid over 13 months; the monthly amount is €313.91.
On reaching 67, the pension is brought into line with the SOCIAL ALLOWANCE (assegno sociale).
The civil DEAF are entitled to the COMMUNICATION allowance (INDENNITA’ DI COMUNICAZIONE):
– regardless of financial circumstances;
– at any age;
– regardless of any admission to a state facility that provides for their keep;
– if the applicant is under 12, the hearing loss must be 60 decibels HTL or more on average across the frequencies 500, 1000 and 2000 Hz in the better ear;
– if the applicant is OVER 12, the hearing loss must be 75 decibels HTL or more, and the onset of hearing loss must be shown to have occurred before the age of twelve. On turning 12, beneficiaries with a hearing loss below 75 decibels lose the benefit;
– it is granted to Italian citizens or EU citizens living in Italy, or to nationals of non-EU countries holding an EU long-term residence permit; it is paid over 12 months a year, and the monthly amount is €258.82;
– it can be combined with the pension (cumulabile con la pensione);
– for minors, the COMMUNICATION allowance (INDENNITA’ DI COMUNICAZIONE) is INCOMPATIBLE with the school attendance allowance (l’Indennità di frequenza), so you may choose whichever is more favourable.

Civil blind (CIECHI CIVILI)
PARTIALLY BLIND (CIECHI PARZIALI (VENTESIMISTI): people whose residual vision does not exceed 1/20 in both eyes, even with any correction, owing to congenital or other causes unrelated to war, accidents at work or service).
Requirements for the pension:
– recognition of partial civil blindness;
– no age limit;
– being an Italian citizen or an EU citizen living in Italy, or a national of a non-EU country holding a residence permit;
– a personal annual income (reddito annuo personale) of no more than €17,920.00 (valid for 2023).
Payment of the pension:
– paid over 13 months; the monthly amount is €313.91 (for both hospitalised and non-hospitalised people);
– the pension is granted even after the age of 67;
– partially blind civil minors aged 0 to 18 are entitled to a PENSION (PENSIONE), not to the school attendance allowance (l’Indennità di Frequenza).

THE PARTIALLY BLIND are entitled to a special allowance – L’INDENNITA’ SPECIALE PER I CIECHI VENTESIMISTI:
– regardless of financial circumstances;
– at any age;
– regardless of any admission to a state facility that provides for their keep;
– it can be combined with the pension (cumulabile con la pensione);
– for Italian citizens or EU citizens living in Italy, or nationals of non-EU countries holding an EU long-term residence permit.
This allowance is paid over 12 months a year; for 2023 the monthly amount is €217.64.

SEVERELY BLIND – CIECHI (GRAVI) DECIMISTI – people with residual vision of between one tenth and one twentieth in both eyes (this category was abolished in the 1960s, but those who already belonged to it continue to receive the benefit).
Payment of the pension:
– the monthly amount is €232.99;
– personal annual income limit (reddito annuo personale): €8,615.46.

TOTALLY BLIND (CIECHI ASSOLUTI) (people with no residual vision in either eye)
Requirements for the disability pension:
– recognition of total civil blindness;
– having reached the age of 18;
– being an Italian or EU citizen living in Italy, or a national of a non-EU country holding a residence permit;
– a personal annual income (reddito annuo personale) of no more than €17,920.00 (valid for 2023).
Payment of the pension:
Paid over 13 months.
The pension continues to be paid after the age of 67.
The amount depends on whether or not the disabled person is admitted to a specialist care facility.
In 2023 the pension is €339.48 for disabled people who are not hospitalised and €313.91 for those who are.
Totally blind civil minors aged 0 to 18 are entitled to the INDENNITA’ DI FREQUENZA.

TOTALLY BLIND CIVILIANS are entitled to the ATTENDANCE ALLOWANCE (INDENNITA’ DI ACCOMPAGNAMENTO):
• regardless of financial circumstances;
• at any age;
• it is compatible with working;
• it is paid at a reduced rate even if the blind person is admitted to a state institution that provides for their care;
• it can be combined with the attendance allowance for civil invalids (con l’indennità di accompagnamento quale invalido civile), provided these benefits are granted for impairments other than blindness;
• for Italian citizens or EU citizens living in Italy, or nationals of non-EU countries holding an EU long-term residence permit;
• it is paid over 12 months a year, and the monthly amount is €959.21 for both hospitalised and non-hospitalised people.
Disabled people who receive a disability benefit as a result of war, work or service are not entitled to the attendance allowance (INDENNITA’ DI ACCOMPAGNAMENTO). In that case the person concerned may choose the most advantageous arrangement.

Targeted job placement for disabled people (Law 68/99)
Targeted placement (collocamento mirato) is available to civil invalids with a reduction in working capacity of more than 45%, and to blind and deaf civilians. Its aim is to assign disabled people work that suits their health needs and working capacity.
The assessment of disability for access to targeted placement can be carried out together with the assessment of civil disability, blindness or deafness, or – at a later stage – if a decision recognising civil disability already exists, without the need for a medical certificate.

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