Key data
| Regulation | Resolution of April 9, 2026, from the General Secretariat of Territorial Coordination — Agreement of the Bilateral Commission for Cooperation between the General State Administration and the Autonomous Community of the Canary Islands |
|---|---|
| Regional regulation subject of the agreement | Decree-law of the Autonomous Community of the Canary Islands 4/2025, of July 29, 2025 |
| Date of bilateral agreement | March 27, 2026 |
| Entry into force of the Resolution | April 9, 2026 |
| Publication in BOE | April 27, 2026 |
| Affected parties | People with disabilities in the Canary Islands and Canarian and state public administrations |
| Category | Public Sector |
| Year | 2026 |
The procedure for assessing the degree of disability in the Canary Islands is at the center of a negotiation process between the General State Administration and the Canarian Government. The Bilateral Commission for Cooperation between both administrations adopted on March 27, 2026 an agreement to initiate negotiations on Decree-law 4/2025, of July 29, 2025, approved by the Autonomous Community of the Canary Islands.
This bilateral mechanism is the usual channel for resolving possible jurisdictional conflicts before resorting to the Constitutional Court. Its activation does not imply that the regulation is illegal, but rather that there are doubts about its fit within the state jurisdictional framework that both parties prefer to resolve through dialogue.
What does this regulation establish?
The Canarian Decree-law 4/2025 regulates the procedures specific to the Autonomous Community of the Canary Islands for the assessment and classification of the degree of disability of people in its territory. This includes the mechanisms that determine what degree the Canarian administration recognizes for each person, with direct consequences for:
- Access to social benefits linked to the recognized degree of disability.
- Application of tax advantages that depend on the certified percentage of disability.
- Access to public services specific to people with disabilities.
The bilateral agreement published through the Resolution of April 9, 2026 from the General Secretariat of Territorial Coordination does not modify or suspend Decree-law 4/2025. It simply formalizes the commitment of both administrations to negotiate in good faith during a determined period to resolve possible jurisdictional discrepancies.
The final outcome of that negotiation can be one of these two scenarios:
- Modification of the regional Decree-law to adapt it to the state jurisdictional framework.
- Recognition of its adequacy to the state framework, with which the regulation would remain in force without changes.
Economic and operational impact
The economic impact of this regulation does not fall on companies in the strict sense, but on people with disabilities in the Canary Islands and on the administrations that manage these procedures. However, there are indirect implications for employers and managers:
- Tax advantages in personal income tax and corporate income tax linked to hiring people with disabilities depend on the certified degree. If the Canarian assessment procedure differs from the state procedure, doubts may arise about the validity of the certificate for national tax purposes.
- Bonuses in Social Security contributions for hiring people with disabilities are also conditioned on the recognized degree. A possible modification of the Decree-law could alter the recognition criteria.
- Human resources management in companies with work centers in the Canary Islands: HR departments must monitor the outcome of the negotiation to ensure that disability certificates issued under the Canarian procedure are valid for all purposes.
While the negotiation is ongoing, Decree-law 4/2025 remains fully in force and certificates issued under its authority maintain their validity.
Who does it affect?
- People with disabilities residing in the Canary Islands who are in the process of assessment or review of their degree.
- Canarian public administrations that manage the assessment and classification procedures.
- General State Administration regarding jurisdictional coordination with the Canary Islands.
- Companies with work centers in the Canary Islands that apply tax advantages or bonuses linked to hiring people with disabilities.
- HR departments and labor advisors who manage contracts for workers with disabilities in the archipelago.
- Tax advisors who apply deductions or tax benefits based on disability certificates issued in the Canary Islands.
Practical example
A company headquartered in Las Palmas de Gran Canaria has three employees on its payroll with disability certificates issued by the Canarian administration under Decree-law 4/2025. The company applies the corresponding Social Security contribution bonuses for each of them.
During the negotiation period between the State and the Canary Islands, those certificates remain valid and the bonuses are maintained. However, the company's HR manager must monitor the outcome of the negotiation: if the Decree-law is modified, it may be necessary to review whether the degrees recognized under the previous procedure are maintained or must be reclassified, which would affect the bonuses applied.
If the negotiation concludes with recognition of the adequacy of the Decree-law to the state framework, no action is required and the situation remains unchanged.
What should companies do now?
- Identify if you have employees with disability certificates issued in the Canary Islands under the Decree-law 4/2025 procedure, to know if this negotiation directly affects you.
- Maintain the bonuses and tax benefits currently applied, since the Decree-law remains in force during the negotiation and the certificates issued are valid.
- Activate an alert system on the outcome of the bilateral negotiation between the State and the Canary Islands, to act quickly if the Decree-law is modified.
- Consult with your labor or tax advisor if you have doubts about the validity of Canarian disability certificates for state bonus purposes, especially if you are undergoing inspection or audit.
- Do not anticipate operational changes until the negotiation concludes: acting before knowing the outcome can generate unnecessary uncertainty in people management.
Frequently asked questions
What is the Canarian Decree-law 4/2025 on disability?
It is the regulation approved by the Autonomous Community of the Canary Islands on July 29, 2025 that establishes the mechanisms specific to the archipelago for determining the degree of disability of people, regulating the assessment and classification procedures in its territorial scope.
Why have the State and the Canary Islands signed this agreement?
The Bilateral Commission for Cooperation between the General State Administration and the Canary Islands signed the agreement on March 27, 2026 to initiate negotiations and resolve possible jurisdictional conflicts over Decree-law 4/2025 before resorting to the Constitutional Court. It is the usual mechanism for resolving discrepancies between administrations.
What can happen at the end of the negotiation between State and Canary Islands?
The outcome can lead to two scenarios: that the Decree-law is modified to adapt to the state jurisdictional framework, or that its adequacy to the state framework is recognized, in which case the regulation remains in force without changes.
Are disability certificates issued in the Canary Islands valid during the negotiation?
Yes. While the negotiation is ongoing, Decree-law 4/2025 remains fully in force and all certificates issued under its authority maintain their validity for all purposes, including tax benefits and Social Security bonuses.
What should I do if I have employees with Canarian disability certificates?
You should maintain the bonuses and benefits currently applied, as they remain valid. However, you should monitor the outcome of the negotiation and consult with your HR or tax advisor if you have doubts about the validity of the certificates for state purposes.
Can this negotiation affect tax deductions for hiring people with disabilities?
Potentially, yes. If the Decree-law is modified, the criteria for recognizing the degree of disability could change, which could affect the tax benefits and bonuses linked to hiring people with disabilities. However, while the negotiation is ongoing, current benefits remain valid.