Lucrezia Ciotti Law 104 is enhanced with new protections for people with disabilities and their caregivers. Among the new provisions for 2026 are greater flexibility for some caregivers, mortgage incentives for first-time homeowners, and new provisions regarding exemptions from night work.
Law 104 provides more flexibility for caregivers: leave and night work.
Law 104 of February 5, 1992, continues to be the primary framework for people with disabilities and their caregivers, but the framework of protections is expanding through court decisions, contractual interpretations, and new public measures. Among the new provisions of 2026, the Court of Cassation clarified, with Order No. 20229 of June 16, that exemption from night work may also be granted to those who care for a family member with a recognized disability pursuant to Law 104, without the requirement of severity.
However, it is necessary that there be an effective assistance relationship and that the person be "dependent" on the worker: recognition of civil invalidity alone is not sufficient.
Another opening concerns employees of the Central Functions of the Public Administration: according to a new interpretation by Aran, two caregivers can use hourly permits on the same day to assist the same person, provided that the absences do not overlap.
Both separate shifts, such as 8-11 and 14-17, and consecutive shifts, such as 8-12 and 12-16, are possible. The contractual limit of 18 hours per month remains in place, while this change does not automatically apply to other public sectors or the private sector.
More generally, benefits may be granted to the person with a disability or to their caregiver : spouse, civil union partner, cohabitant, relatives and in-laws up to the second degree, with the possibility of extension to the third degree under certain conditions. Furthermore, since 2022, the principle of a single point of contact has been abolished, allowing multiple family members to share care, while maintaining the overall limit of three days of leave per month for the person receiving care. Other guarantees include paid special leave for up to two years, priority in choosing the workplace closest to the family member, and the prohibition of transfer without consent , in cases provided for by law.
First-time home mortgages and disability certification: other new features of Law 104
On the economic front, starting August 3, 2026, people with severe disabilities are among the priority categories of the First Home Mortgage Guarantee Fund , managed by Consap. The measure also applies to those who have lived with a child, brother, or sister with severe disabilities for at least two years, under the applicable conditions. The state guarantee typically covers 50% of the principal amount and can reach 80% for those with an ISEE of up to €40, with loans of up to €250. This is not a non-repayable grant, but rather a tool designed to facilitate access to credit , even when available savings for a down payment are limited. Luxury or historically valuable properties and, in general, those who already own another home are excluded.
To apply, you must contact a bank participating in the Fund , providing your ISEE (Equivalent Economic Situation Indicator), income documentation, and a purchase agreement. Consap specifies approximately 20 business days for issuing the guarantee, after which the mortgage must be signed within 90 days. At the same time, the reform of the recognition procedures continues: starting in March 2026, the pilot program for the new disability assessment system entrusted to INPS has been extended to 40 additional provinces, with the goal of achieving full national implementation by January 1, 2027.