Disability Decree 2024: What it provides

The Disability Decree 2024 was published in the Official Gazette on 3 May 2024, following the final approval on 15 April 2024. This Legislative Decree implementing the 2021 Delegated Law redefines the condition of disability, the basic assessment and the multidimensional evaluation for the elaboration and implementation of the personalized and participatory individual life project

What is the Disability Decree 2024

The Disability Decree 2024 is a legislative decree that implements Law no.

227 of 22 December 2021, giving the Government the power to adopt one or more legislative Decrees aimed at reviewing the provisions on disability within 20 months from the date of entry into force.

Published in the Official Gazette on 3 May 2024, the text was proposed by the Minister for Disabilities Alessandra Locatelli and introduces fundamental rules for the definition of the condition of disability.

Main news of the Disability Decree 2024

New Definition of Disability

The Decree amends article 3 of the law of 5 February 1992, n. 104, with a new definition of disability status:

  • Person with disabilities: someone with lasting physical, mental, intellectual or sensory impairments that, interacting with barriers, can hinder full participation in social life.
  • Support: Right to benefits based on the need for support, which can be mild, medium, high or very high.
  • Priority in public services for those in need of intensive support.

New Approach to Disability

The Decree introduces a new approach to disability, eliminating terms such as’ handicap ‘and’ disabled ‘in favor of ‘disability condition’ and ‘person with disabilities’. Support is classified as non-intensive (mild or medium) or intensive (high or very high).

Disability Recognition Process

The disability recognition process is divided into two phases:

  1. Basic assessment: managed by the INPS with the collaboration of doctors.
  2. Multidimensional assessment: interdisciplinary, it considers medical diagnoses and functional, environmental and social problems.

These evaluations lead to the construction of a personalized and participatory life project.

Introductory Medical Certificate

The introductory medical certificate, governed by Article 8 of the Decree, is necessary to start the basic evaluation. It must be issued by doctors on duty at health or accredited institutions and includes

  • Patient personal data.
  • Coded diagnosis according to the ICD.
  • Details on treatments and prognosis.

Adoption of the ICF and ICD Classifications

As of
January 1, 2025, the basic assessment uses the WHO’s ICF and ICD. A subsequent decree will define terms and methods of application

Recognition of Disability

The Decree regulates the procedure for the recognition of the condition of disability, excluding the elderly who are not self-sufficient and guarantees protections commensurate with the level of disability, with priority for those who need intensive support.

Basic Assessment

Article 6 establishes the procedural rules for the basic assessment:

  • Request submitted with a medical certificate.
  • Collegiate visit and administration of the WHODAS questionnaire.
  • Conclusion of the procedure within 90 days.

Rules in case of deterioration

In the event of a worsening of the condition, a new basic assessment may be requested, with a multidimensional evaluation to identify the necessary performance.

Anticipated Social Health Benefits

Article 7 provides for the early recognition of certain social and socio-health benefits for serious functional impairments.

INPS as a Sole Ascertaining Person

From January 1, 2026, the INPS becomes the sole entity that ascertains the condition of disability, with new basic evaluation units.

Multipurpose Certificate

The certificate attesting to the condition of disability has a multifunctional value, replacing previous certifications for access to benefits.

Freedom of Choice of Place of Life

The Decree guarantees freedom of choice over the place of residence and the continuity of support, encouraging adequate housing solutions and home care.

Entry into force

The Decree came into force on 30 June 2024, with a phase of experimentation in 2025.

Text of the Disability Decree 2024

The official text of the Disability Decree 2024 is available in PDF format, voted in the Council of Ministers on 15 April 2024 and published in the Official Gazette on 3 May 2024.

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