Goodbye, Law 104, the ASL has decided to revoke it: make do, nobody cares anymore

This is a very important law for people with disabilities, but we must be extremely careful; it could be permanently revoked for some people.

Law 104, promulgated in 1992, is a cornerstone of Italian legislation , created to protect the rights of people with disabilities. This legislation is crucial for ensuring assistance , social integration, and equal opportunities.

The primary objective of Law 104 is to promote human dignity, freedom, and autonomy . It aims to foster the full integration of people with disabilities into families, schools, the workplace, and society , eliminating barriers that hinder their full participation.

The law provides a set of rights and benefits for people with disabilities and their family caregivers. These include paid leave from work for caregivers , tax breaks for the purchase of vehicles or aids, and the right to inclusion in school and the workplace.

Furthermore, Law 104 encourages prevention and rehabilitation interventions to develop residual abilities and promote social integration. It goes beyond simply recognizing a disability , but offers concrete tools for a more independent and inclusive life.

Benefits and Permits

To access the benefits of Law 104 , a specific process must be followed . It all begins with the introductory medical certificate, issued by your doctor or specialist and sent to INPS. Next, you submit the application for a health assessment to INPS, attaching all available medical documentation. INPS will then call the applicant for a visit to the ASL Medical Commission, which includes an INPS doctor.

During the visit, doctors will assess the applicant's health and limitations. The final report will classify the disability as non-serious (Article 3, paragraph 1), serious (Article 3, paragraph 3), or non-existent. Only with the recognition of a serious disability (Article 3, paragraph 3) will one be granted access to specific work permits and leave. These include, for example, paid leave to care for a disabled family member or special leave.

Risk of revoked permits

Paid leave provided for by Law 104, granted to workers caring for a family member with a severe disability, may lapse under specific circumstances. The primary condition for revocation is the cessation of the cared-for person's severe disability . Verification of such a change by the Local Health Authority Medical Commission results in the immediate suspension or revocation of benefits.

Furthermore, the use of leave must always be tied to the actual provision of care for the disabled person. Abuse or improper use, such as absence from work for reasons not directly related to care, can lead to severe consequences , including dismissal for just cause. An employee who uses leave to care for a family member living more than 150 km away must also provide appropriate documentation to demonstrate their travel.