A boy with a total disability, completely dependent on his parents even for the most essential functions, despite now being over 25 years old. «Considering the disability pension for him as not due, and forcing the legal guardians to return almost 100 thousand euros to the INPS – states the lawyer Maria Luisa Trippitelli, who assisted the family in the proceedings as a civil party – would have been a real injustice”. An injustice averted, now definitively, thanks to the sentence issued by the Court of Appeal of Bologna last April 18, confirming what had already been decided by the Rimini labor judge, Lucio Ardigò, who accepted the family’s appeal in April a year ago of the disabled boy and ordered the Social Security Institute to pay the legal costs.
Family outside Italy
The INPS claim is rooted in a law, according to which the disability pension is due to people resident in Italy, not to those who, for example, move abroad, perhaps to enjoy better tax conditions.
Here, during a “check-up” visit to the INPS, to verify the permanence of the disability condition, the institution’s employee realizes that the boy had lived many years of his life abroad. His parents, in fact, had left Italy to open a hospitality facility and therefore the then child had followed his father and mother. In recent years the family had re-established themselves in Rimini, a time juncture in which the “nice surprise” from INPS arrived.
