SuperAbile






In Interventi Inail


Fund for Asbestos Victims

The Fund for Asbestos Victims is an additional financial compensation intended for pensioners for diseases related to exposure to asbestos and, in the event of death, in favor of their heirs who hold a survivor's annuity.

1 giugno 2022

The Fund for Asbestos Victims, set up at the Institute, with independent accounting and separate, by the 2008 Finance Act (no. 244/2007), is an additional financial compensation intended for pensioners for diseases related to exposure to asbestos and, in the event of death, in favor of their heirs who hold a survivor's annuity.
 
From 1 January 2021, the additional benefit to the annuity has been "stabilized" in the total amount of 15% of the annuity for use, it is paid monthly together with the annuity. From the same date, the one-off provision in favor of mesothelioma patients and their heirs was also “stabilized”, as well as its amount, set at € 10,000.
 
Provisions from January 1, 2021
 
Additional provision to the annuity (direct or survivor) for asbestos-related diseases due to exposure to asbestos:

  • 15% of the dividend rent 

One-off provision in favor of non-professional mesothelioma patients or their heirs:

  • 10,000 euros 

Recipients (Inail circular 5 May 2011, n. 32).
 
The following are entitled to benefit from the Fund:

  • workers with direct, even unified, annuities who have been recognized by INAIL and the suppressed IPSEMA as an asbestos-related disease due to exposure to asbestos and "fiberfrax" fiber, whose inability or impairment has contributed to achievement of the minimum indemnifiable degree in annuity (equal to or greater than 11% in the "consolidated law regime" and 16% in the "biological damage regime") 

  • family members of workers’ victims of asbestos and "fiberfrax", identified pursuant to art. 85 of the Consolidated Law, holders of survivors' annuities, if the asbestos-related disease has played a role in determining the death of the insured 

The benefit consists of an economic provision in addition to the direct or survivors' pension. Before the law of 30 December 2020, n.178, the amount of the provision varied over the years, based on the availability of the Fund for asbestos victims, and was paid by Inail in advances and balances in concomitance with the payment of the installment income.

Procedures for the provision of the additional service
The additional provision of the Fund for asbestos victims, also following the provisions of the 2021 budget law, is automatically paid by Inail through the disbursement on each annuity rate of a fixed increase equal to 15% of the rate itself.

The annual expenditure for the additional service, provided for by the 2021 budget law, art. 1, paragraph 359, presents the following trend (amounts in millions of euros):

2021

2022

2023

2024

2025

2026

2027

2028

2029

From 2030

39,00

40,50

42,15

43,80

45,30

46,80

48,15

49,35

50,40

51,45

 
Submission of applications:
The patient or the heirs must submit or send the application to the competent Inail office based on the domicile, by registered letter with return receipt or certified e-mail, using the forms attached to circular no.25 of 27 September 2021.

  • Mod. 190 Application for one-off asbestos victims fund for mesothelioma of non-professional origin
  • Mod. 190 E Application for one-off asbestos victims fund for mesothelioma of non-professional origin in favor of the heirs
  • Mod. 190 I Application for integration of the one-off asbestos victims fund for mesothelioma of non-professional origin 

The provision will be provided within 90 days of receipt of the application if the documentation is complete. Otherwise, the Institute invites the interested party to provide the necessary additions within the ordering period of 15 days.
 
The single term of three years, under penalty of forfeiture, is effective only from the assessment of the disease also for the heirs
 
The abolition of the surtax payable by companies is envisaged with effect from 1 January 2021, provided for by the legislation establishing the Fund

In summary:
In case of pensioners for asbestos-related diseases and their survivors, the provision is automatically paid by Inail.

In case of non-professional mesothelioma patients or their heirs, the one-off service must be requested by filling in the appropriate form available on the Inail website (www.inail.it > Acts and documents> 

Forms and templates> Provisions> Economic provisions) within three years from the date of assessment of the disease

The 2021 budget law, with effect from 1 January 2021, has therefore modified the methods of disbursement of provision, providing for the payment of the same takes place monthly in a single solution, together with the accrued annuity for enjoyment, exceeding the previous system of advances and subsequent balances.

The law also directly fixed the amount of the provision to the extent of 15% of the annuity for use and this as of January 1, 2021

INPS
By March 31 of each year, it will be possible to apply for recognition of the special inability pension, for those suffering from diseases resulting from exposure to asbestos. The INPS asbestos pension is incompatible with the annuity paid by Inail:

Workers suffering from an asbestos-related occupational disease, certified by Inail, as a cause of service, with at least 5 years of contributions (over the entire working life), are entitled to an INPS early retirement for exposure to asbestos.

To obtain the special inability pension 2022, workers registered with INPS or other exclusive and substitute forms must be suffering from diseases contracted for reasons of professional origin, also ascertained as a cause of service by the Inail social security institution.

The 2021 budget law modified the procedure for ascertaining the right to social security benefits, introducing terms for the acquisition of documentation and the issue of technical certification by INAIL. To workers in the railway rolling stock production sector who have performed their activities without being adequately protected from asbestos during the reclamation operations, the law of 28 December 2015, n. 208 recognizes social security benefits (indicated in law no. 257 of 27 March 1992) for the period corresponding to the reclamation and for the ten years following the completion of the works.

The INPS circular of 24 February 2021, n. 37 provides the operational instructions for applying the new provisions.

Inps inability pension deriving from exposure to asbestos, accumulation or compatibility with Inail economic provisions

By 31 March, people suffering from any asbestos-related disease recognized as having a professional origin with appropriate certification issued by INAIL must submit a specific application to INPS in preparation for obtaining the pension provision.

For the provision, 5 years of contributions over the entire working life are sufficient, it being understood that it must not have been used for the settlement of a pension, with the exception of holders of ordinary invalidity allowance. It is not necessary to ascertain the absolute and permanent impossibility of any work activity.

di Antonio De Honestis

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