SuperAbile







Inail, Special Continuous Monthly Check for surviving family members residing abroad

Economic provision provided to surviving family members residing abroad, when the death of the rentier occurs for reasons not dependent on the accident or occupational disease.

13 giugno 2022

Social security / welfare provisions

For social security provisions of a contributory nature, the provisions in force in Italy apply, as well as the principles set by EU law on the exportability of provisions, in order to ensure access to these provisions even outside national borders. They are distinguished from welfare provisions because they are not due by the Italian State to citizens residing abroad, who are entitled only to those provided for by the legislation of the State in which they reside, with charges borne by the competent institution of the State of residence.
 
The special continuous allowance has a social security nature, therefore, it can also be paid to survivors of Inail pensioners resident in a foreign country, who died for reasons independent of accident or occupational disease.
 
The provision in question that must be paid taking as a calculation basis the same that would be taken into consideration if the provision were to be provided in Italy

The special continuous monthly allowance referred to in the law of 5 May 1976, n. 248 is due to the spouse and surviving children of the insured holder of an annuity for permanent inability

The economic feature is provided to:

a) spouse and children of workers already holders of direct annuities, who died for reasons not dependent on the harmful event insured (accident or occupational disease)

• for accidents at work occurring up to 31 December 2006 and occupational diseases reported as of the same date, with a degree of permanent inability of not less than 65% recognized by Inail according to the tables attached to the Consolidated Law (d.p.r. 1124/1965)

• for accidents at work occurring from 1 January 2007 and occupational diseases reported from the same date, with a degree of impairment of psychophysical integrity / biological damage of not less than 48%, recognized according to the tables referred to in Ministerial Decree July 12, 2000. Law December 27, 2006, n. 296 (2007 Finance Law)

b) condition that the beneficiaries do not receive:

• annuities, social security provisions or other income (excluding income from the dwelling house) of an amount equal to or greater than that of the special check. (Article 1 paragraph 1.1 of May 5, 1976, no. 248 as amended by Article 11, paragraph 3 of the law May 10, 1982, no. 251, circular 19, 1977)

The application:
 
To obtain the grant, an application must be submitted to the competent Inail office within 180 days of receipt of the communication, with which the Institute warns the survivors of the right to apply for the granting of the special continuous monthly check.
The forfeiture period begins not from the date of death of the insured, but from the date of receipt of the communication itself (Inail Circular No. 10 of 25 January 2011)

The percentage measures due to those entitled are:

• 50% for the spouse, until death or remarriage

• 20% to each child:

or up to the age of 18, without the need for further requirements

o up to the age of 21, if high school or vocational school students, living dependent and without a paid job, for the entire normal duration of the study course

o no later than 26 years of age, if university students, living dependents and without paid work, for the entire normal duration of the degree course

• 40% for each orphan of both parents

• 50% for each disabled child, as long as the inability lasts.

The overall sum of the checks due to survivors cannot exceed:

  • the amount of the direct annuity received in life by the holder, for events up to 24 July 2000 recognized under the Consolidated Law regime, and cannot exceed
  • the portion of the annuity received for the financial consequences of the impairment, for events from 25 July 2000 recognized under the biological damage regime.

Whenever one or more checks terminate, the remainder are proportionally reintegrated in the share due to each one until their sum does not exceed the overall amount due.
 
In case of income for an amount lower than the check, Inail pays the difference between the two amounts.

The check, not subject to personal income tax, is re-evaluated annually, on 1 July of each year, following a specific Decree of the Ministry of Labor and Social Policies, based on the actual change in consumer prices.

di Antonio De Honestis

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