The judgment No. 10728 of April 22, 2024, represents an important ruling by the Court of Cassation regarding the birth grant, an economic benefit aimed at families with newborns. This measure has a significant impact, especially for non-EU citizens, concerning the requirements necessary to access such assistance. The Court has established that the INPS circulars requiring an EU residence permit for the recognition of the grant are to be considered unlawful.
The birth grant is governed by Article 1, paragraph 353, of Law No. 232 of 2016, which provides economic support for families with a newborn. However, the issue becomes complicated when it comes to non-EU citizens without a residence permit. Until the ruling in question, there were uncertainties regarding the possibility of access to this benefit for women in this condition.
Birth grant pursuant to Article 1, paragraph 353, Law No. 232 of 2016, in force ratione temporis - Non-EU citizen without an EU long-term residence permit - Eligibility - INPS circulars No. 39 and 61 of 2017 requiring such a permit - Illegitimacy - Existence. The birth grant referred to in Article 1, paragraph 353, Law No. 232 of 2016, in force ratione temporis, is due to non-EU citizens even if they lack an EU long-term residence permit, as the INPS circulars No. 39 and 61 of 2017, which require such a permit as a prerequisite for the recognition of the grant, are to be deemed unlawful.
The decision of the Court of Cassation has important practical and social implications. Firstly, it affirms the principle of equal access to social rights, regardless of nationality or residency status. This represents a step forward towards greater inclusion of migrant families in the Italian socio-economic fabric.
In conclusion, judgment No. 10728 of 2024 not only clarifies the rights of non-EU citizens regarding the birth grant but also marks a victory for the principles of social justice and equality. It is essential that institutions continue to promote inclusive policies that guarantee all citizens, regardless of their origin, access to fundamental rights. The hope is that this ruling can positively influence legislation and administrative practice, ensuring a fairer future for all families.
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abduction of minors abuse acceptance acceptance of inheritance accumulation of claims action for reduction adjustments adoptability adoption adult children adults adversarial proceeding agreements agricultural contract agriculture alimony allocation of the marital home allowance review ascendants assessment notice assignment of family home assisted negotiation autonomy bare ownership Bergamo best interest of the child best interests of the child biological truth biparentality birth grant building cooperative burden of proof cancellation capacity to understand case law Cassation Cassation ruling change of residence charge child abduction child custody child hearing child protection Child Rights child support child's best interest child's hearing children children's needs children's rights children's welfare children’s rights civil law civil liability civil status acts civil union co-declarant co-ownership co-parenting cohabitation cohabitation more uxorio collation compensatory 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support administration support administrator Supreme Court Supreme Court 2024 Supreme Court ruling surrogacy survivor's pension suspensive condition Swiss law tacit acceptance tax litigation taxation technical consultancy territorial jurisdiction testamentary capacity testamentary succession testamentary successions testamentary will testator's intention testimony transfer transfer of minors Turin ruling Ukraine unconstitutional illegitimacy unlawful detention unlawful interference usufruct victim protection video recording violation violation of family assistance violence visitation visitation rights welfare of minors will will of the beneficiary women's rights work worker protection