SuperAbile







Inail Annuity to surviving family members

Economic provision paid to survivors of workers who died following an accident or an occupational disease.

20 maggio 2022

Spouse or civilly united and children. In the absence of them, parents (natural or adoptive) or brothers and sisters.
 
If the accident results in death, an annuity is due in favor of the survivors indicated below to the extent referred to in the following numbers, calculated at 100 percent of the salary calculated in accordance with the provisions of articles 116 to 120 of the Consolidated Law. For workers who have died from 1 January 2014, the survivors' pension is calculated, in any case, on the threshold referred to in the third paragraph of Article 116 of the Consolidated Law.

The annuity runs from the day following the death of the worker and is paid to those entitled to:

  1. fifty percent to the surviving spouse or to a person civilly united until death or a new marriage or new civil union; in this second case the sum equal to three annuities is paid

  2. children:
     or twenty percent to each child born in marriage, born out of wedlock, recognized or recognizable, and adoptive, up to the age of eighteen

    or forty percent if they are orphans of both parents, or the orphan of the natural parent or whose surviving parent is not entitled to the share referred to in n. 1 and, in the case of adopted children, both adopters have also died

For living dependent children of the worker injured at the time of death and who do not provide paid work, these fees are paid until they reach the age of twenty-one, if students of middle or professional school, and for the entire normal duration of the course, but not beyond the twenty-sixth year of age, if university students.
If there are surviving children unable to work, the annuity is paid to them as long as the inability lasts. Among the survivors referred to in this issue, from the day of birth, the children conceived on the date of the accident. Unless proven otherwise, those born within three hundred days of that date are presumed to be conceived on the date of the accident;
In absence of a spouse / civilly united and children:

  • twenty percent to natural or adoptive parents, living dependent, until death
  • twenty percent to brothers and sisters, living dependents and cohabitants, with the same requisites envisaged for children.

Living dependent
The 2019 budget law revised the institution of dependent living, introducing an income threshold as a limit to be able to benefit from the provision of the annuity in the case of only surviving parents and / or siblings, following fatal events. In this way, the previously foreseen requirement of the lack of autonomous and sufficient means of subsistence is overcome, replacing it with an income parameter built on the average net income of families, periodically updated by ISTAT.
 
Art. 106. T.U. For the purposes of art. 85, dependent life is proven when the per capita income of the ascendant and collateral, obtained from the net income of the surviving family unit, calculated with the equivalent income criterion, is lower than the threshold defined by the per capita income, calculated with the same equivalent income criterion, based on the average net income of Italian families published periodically by ISTAT and reduced by 15 per cent of a typical family made up of two adults.
In order to ascertain whether the person is living, the insurance institute can obtain the relevant information from the municipal offices, tax offices and other public offices and can request the intervention of the Carabinieri for the investigation of the case. The municipal offices must provide the insurers with the information requested by them in relation to the livelihoods to be paid by art. 85 and must also issue free of charge the certificates of existence in life, the family statuses and the birth certificates required of them by the insurance institutions themselves or by the holders of annuities, for the purpose of paying the annuity installments.
 
Inail Circular no. 35 of 23 December 2019.
 
The total sum of the pension shares due to the survivors cannot exceed 100% of the salary taken as the basis for calculating the pension. Otherwise, the annuity rates are adjusted proportionally.
 
For fatal events prior to 1 January 2014, the survivor's pension is calculated on the effective annual salary of the deceased worker in compliance with the minimum and maximum limits established by law (Presidential Decree No. 1124/1965 article 116, third paragraph)
 
The annuity is revalued annually, following a specific decree of the Ministry of Labor and Social Policies.
 
For fatal accidents occurring from 1 January 2007, Inail pays the survivors of the deceased worker, in addition to the one-off benefit provided by the Fund for serious accidents, at the request of the entitled persons, an advance on the annuity equal to 3 months of the annual annuity calculated on the minimum wage required by law.
 
How to request
 
Those entitled to submit / forward the application to the competent office based on the domicile of the deceased worker, through:

  • counter of the competent office
  • Postal mail
  • Pec (certified electronic mail). 

The interested party can be assisted by a Patronage.

How to receive communications

  • Postal mail
  • Pec (certified e-mail)

Methods of providing the service

  • Credit to a bank or post office current account
  • Credit on a registered bank deposit book or postal registered deposit book
  • Credit on prepaid card with Iban code
  • Through credit institutions affiliated with INPS for annuity holders who collect abroad
  • For amounts not exceeding € 1,000.00, with payment in cash located at the bank or post office

INAIL:

other economic provisions paid to survivors are:

  • One-off / funeral allowance (Article 85 of the Consolidated Law)
  • support fund for the victims of serious accidents at work (established at the Ministry of Labor and Social Policies) (Law 27 December 2006, n. 296, 1187)
  • the special continuous monthly allowance, in cases where the death occurred for causes not dependent on the accident at work or professional disease (Law no. 248 of 5.5.1976; Law no. 251 of 1982.)
  • support interventions for the family members of the injured or technopathic worker as well as the surviving family members of workers who died from work causes, with the aim of supporting the worker's family on a psychological and social level which is directly affected by the accident and which one faces new situations such as the disability or death of the working family member. (Inail, Circular no.7 of 28 January 2022)

INPS:

  • Inps, with the message, no. 5171/2016, formalized the equalization for social security purposes between spouses and persons of the same sex civilly united.
  • The surviving family members, in case of the death of the insured or pensioner registered with one of the INPS managements, are entitled to a pension if certain conditions are met

The survivor of an insured worker after 31.12.1995 and who died without having completed the required administrative requirements, can request the one-off indemnity, if:

  • the insurance and contribution requirements for the indirect pension do not exist;
  • is not entitled to pensions for accidents at work or occupational disease, as a result of the death of the insured;
  • is in possession of income not exceeding the limits set for the granting of the social allowance.

The right to the amount in question is subject to a ten-year prescription. 

To deepen:

  •  Presidential Decree 30 June 1965, n. 1124-Consolidated text of the provisions for compulsory insurance against accidents at work and occupational diseases
  • LAW 21 July 1965, n. 903-Initiation of the reform and improvement of social security pension treatments
  • The LAW 10 May 1982, n. 251 (in G.U. 15/05/1982, n.132) has provided (with art.7) the amendment of art. 85.
  • The Constitutional Court, with sentence 11 March 2009, n. 86 (in G.U. 01/04/2009 n. 13) declared the constitutional illegitimacy of art. 85 paragraph 1, number 2).
  • INPS 18 December 2015 - Guidelines and operating instructions on the subject of survivors' pensions - art. 22, law 21 July 1965, n. 903 

di Antonio De Honestis

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