LAW 104/92: ALL CONCESSIONS FOR DISABLED PEOPLE, DISABLED PEOPLE AND THEIR FAMILIES

Law 104 of 1992 guarantees respect for human dignity and the rights of freedom and autonomy of disabled people and their families, to promote their full social integration, in school, at work and in society.

For this reason, it regulates and regulates benefits and supports to allow disabled people to achieve the greatest possible autonomy and participation in collective life, supporting and facilitating not only the disabled person, but also their family, through psychological, psychopedagogical and technical aid.

Index

What does law 104 provide? Rights and interventions provided for by law 104. Law 104: paid leave for family members of disabled people. Law 104: tax benefits. Who can benefit from the benefits and supports provided for by law? How to request the benefits of law 104. What is the difference between handicap and civil disability? What does law provide? law 104

RIGHTS AND INTERVENTIONS PROVIDED BY LAW 104

To guarantee the integration of disabled people, the 1992 law provides various benefits and rights:

social inclusion and integration, through social, psychological and health interventions, domestic help aimed at both the individual

than to his family members;

personal help, for those who find themselves in a state of serious limitation of personal autonomy that cannot be overcome through aids, prostheses or technical or IT aids; interventions aimed at eliminating physical and architectural barriers to allow accessibility in public places or places open to the public

to disabled people in wheelchairs or wheelchairs and people with reduced mobility;

right to study, from nursery school to nursery school and in every level of school, including universities, through educational plans, paths and supports appropriate to the situation of the individual case; work integration, supporting and encouraging the creation of bodies, institutions, cooperatives social and voluntary organizations

who through their activities promote job placement and integration;

usability of public and private means of transport; organization and support of community-accommodations and family homes that can accommodate disabled people who need them; daytime socio-rehabilitative and educational centers that promote the relational life of people with disabilities;

extra-curricular activities to complement educational activities;

reimbursement for medical expenses and stays abroad in specialized facilities for authorized rehabilitation interventions

from the region of competence;

deductibility of specific medical and assistance expenses in cases of serious and permanent disability and invalidity.

LAW 104: PAID PERMIT FOR FAMILY MEMBERS OF DISABLED PEOPLE

Law 104 also regulates paid work permits for disabled people and for family members who support and take care of people with disabilities or suffering from disabling pathologies.

The art. 33 of the law allows workers who assist a disabled person to be able to manage working hours, depending on the assistance

and the care the assisted person needs. The worker also has the right:

to optional abstention for up to 3 years for biological or adoptive parents of children with serious handicaps, or alternatively 2 hours

daily leave until the child turns three; 3 days, even continuously, of absence per month, also permitted for disabled workers; the possibility of choosing the workplace closest to your home; to refusal to transfer and night work.

LAW 104: TAX BENEFITS

Tax benefits are provided for disabled people, including the deductibility of medical expenses and specific assistance in cases of serious and permanent disability due to an impairment;

There are also concessions for the purchase of private cars for use by disabled people:

IRPEF deduction of 19%;

reduced rate of 4%;

stamp duty exemption;

exemption from the tax for registration of the transfer of ownership to the PRA;

However, as regards the adaptation of individual transport, the ASL is required to contribute to the costs of the modification

of driving tools.

For purchases in Orthopaedics:

The 4% VAT is a tax relief provided for by law n. 104/92 which provides for the reduction of the rate from 22% to 4% for subjects

with disabilities.

Who can benefit from the benefits and supports provided by law

Law 104 is aimed at people with total or partial disabilities, defining a disabled person as someone who has a physical, mental or sensorial minority, in a progressive or stabilized phase, which can cause social disadvantage and marginalization by preventing normal learning, social relations and work integration. The law protects all people, including foreigners and stateless people (those who do not have citizenship, such as nomadic peoples) with a permanent residence in Italian territory.

The law provides benefits for the following categories of people:

disabled workers;

natural, foster or adoptive parents of a child with a serious disability;

the spouse or de facto partner, and relatives or relatives within the third degree of familiarity with serious disability.

The disabled person and his family members have the right to benefit from the services and rights provided by law in relation to the severity of the handicap, the residual individual capacity and the effectiveness of rehabilitation therapies.

How to request the benefits of law 104

To take advantage of the benefits guaranteed by law 104 it is necessary to obtain the handicap certificate, which, just like the certificate

of disability, is issued by a medical commission of the relevant ASL (made up of an INPS doctor

and by an expert for the various cases to be examined).

The commission has the task of verifying and establishing the degree and severity of the disability.

The process to follow to obtain the certificate is as follows:

go to your doctor, who will electronically fill out a certificate with an identification code on the INPS website,

which certifies the patient's condition and the services requested; within 90 days, the disabled person must book

the commission's visit directly to the INPS portal; the state agency will establish the day and time of the visit by

of the medical commission, which may also take place at the patient's home upon express request of the attending physician,

it will be possible to postpone the visit only once.

What is the difference between handicap and civil disability

It is necessary to distinguish the assessment of the handicap from the recognition of disability, which allows you to request a pension

and disability allowances: the first, in fact, highlights the social repercussions that a disability can generate, while

disability refers to a person's inability or difficulty in carrying out certain daily actions, as a consequence

of physical, mental, visual, intellectual or hearing limitations.

It is therefore possible for a 100% disability to be recognized even though no handicap is present, in the same way a small percentage of disability can be recognized for a disabled person.

In this regard, law 104 identifies 3 levels of severity, which provide tax and employment benefits. If the disability, in correlation with age, requires permanent and continuous assistance, the situation is defined as serious and receives priority.

in public service intervention programs.

The recognition of civil disability which allows access to welfare benefits and social security benefits, such as

the pension, is regulated by law n.118 of 30 March 1971.