Citizenship by residence: disability pension and minimum income requirement

With a decision that redefines the criteria for obtaining citizenship through residency, the Council of State has established that disability pensions must be considered valid income when assessing applications. The ruling, issued on January 27, 2025 (No. 599, Section III), challenges an administrative practice that until now excluded this type of benefit from the required financial calculation.

The case in question concerned a person with a disability whose citizenship application had been rejected because the disability pension and attendance allowance were not counted as part of the total income. The public administration had argued that, since these were economic supports provided by the state and not derived from employment, they could not be included in the income requirement.

However, the Council of State found this interpretation discriminatory and constitutionally unacceptable. The ruling states that a fair assessment must take into account the applicant’s personal context, including health condition, family situation, and degree of autonomy, rather than applying uniform criteria that ignore individual circumstances.

The Court also clarified that disability pensions are essential in nature and cannot be equated with other state transfers. They represent a fundamental means of subsistence for those unable to earn income through work and must therefore be recognized in the context of verifying economic self-sufficiency.

This shift in perspective represents a step forward toward a more inclusive notion of citizenship, where situations of vulnerability are not further obstacles but factors to be considered. For people with disabilities, the decision sets an important precedent that may pave the way for a fairer application of the criteria for obtaining residency-based citizenship in Italy.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.