For non-EU nationals legally staying in Italy may be entitled to disability pension and other social benefits it is irrelevant that they have had their residence in Italy for, at least, five years. Such condition, which was initially provided for in the applicable legislation, was then declared incompatible with the non-discrimination principle ex Articles 3 of Constitution and 14 of the ECHR, and annulled by the Constitutional Court in its decision No. 40 of 2013.
Decision of the Constitutional Court No. 40 of 11 March 2013