Comment on Ordinance No. 8636 of 2024: The Importance of Health Assessment in the Ordinary Disability Allowance

Recently, the Court of Cassation issued Ordinance No. 8636 of 2024, which has proven crucial for the issue of ordinary disability allowances. This provision clarifies how the assessment of the non-existence of the health requirement for the first three-year period of allowance disbursement extends also to the subsequent three-year period, regardless of any administrative recognition of the allowance itself. Understanding the significance of this ruling is essential for those managing matters related to disability and pensions.

The Content of Ordinance No. 8636 of 2024

The ruling in question concerns the case of an individual, A. (COSTA PATRIZIA), who contested the decision of the Court of Appeal of Reggio Calabria, which had confirmed that the assessment of the non-existence of the health requirement for the first three-year period of assignment of the ordinary disability allowance automatically extended to the subsequent three-year period. The Court of Cassation reaffirmed that, if the pre-existing facts and legal elements remain unchanged, the assessment already made must be considered decisive even for the subsequent period.

DISABILITY - DISABILITY - IN GENERAL Ordinary disability allowance pursuant to art. 1 of law No. 222 of 1984 - Confirmation for the three-year period following the first - Judgment of non-existence of the health requirement for the first three-year period - Extension of the assessment to the subsequent three-year period - Existence - Foundation - Case. In terms of ordinary disability allowance, the assessment contained in the judgment that has become final, of the non-existence of the health requirement in relation to the first three-year period also extends its effects to the subsequent three-year period, although the allowance has been recognized administratively, because the aforementioned assessment cannot be subject to a different evaluation if the pre-existing facts and legal elements remain unchanged. (In this case, the Supreme Court confirmed the merit decision according to which the administrative recognition by INPS of the ordinary disability allowance for the second three-year period did not negate the interest of the social security institution to invoke the definitive judicial assessment, determining the overturning of the aforementioned recognition of the non-existence of the right to the allowance).

Legal Implications of the Ruling

This principle established by the Court has important implications for beneficiaries of ordinary disability allowances. In particular, it highlights how the administrative recognition of the allowance cannot be considered definitive if the non-existence of the health requirement has already been assessed. The following considerations emerge:

  • The importance of legal certainty: the administrative recognition does not exclude the possibility of a subsequent judicial assessment.
  • The necessity of a constant evaluation of health conditions: the social security institution has an interest in continuously verifying the right to the allowance.
  • The protection of rights: beneficiaries must be aware that an initial grant does not guarantee future entitlement.

Conclusions

In conclusion, Ordinance No. 8636 of 2024 represents an important legal precedent in the field of disability and social security allowances. It clarifies that the assessment of the non-existence of the health requirement has lasting effects and cannot be ignored when evaluating the situation of an applicant for subsequent periods. This call for the stability of legal decisions is fundamental to ensuring the proper administration of justice and the protection of citizens' rights.

Bianucci Law Firm