Analysis of Judgment No. 11659 of 2024: Recovery of Undue Payments and NASpI

Judgment No. 11659 of April 30, 2024, issued by the Court of Cassation, addresses a significant legal debate concerning the methods for recovering sums unduly paid as the New Social Employment Insurance Benefit (NASpI). Specifically, the Court ruled that the recovery of undue payments should not follow the typical rules for undue pension or welfare benefits, but rather should refer to Article 2033 of the Civil Code. This decision has important implications for both NASpI beneficiaries and the competent administrations.

Regulatory and Jurisprudential Context

NASpI is a social security benefit that supports unemployed workers. Unlike pensions, NASpI is considered a non-pension benefit. The Court emphasized that, in cases of undue payments, the sums paid must follow the general provisions of the Civil Code, rather than the specific rules for pensions or welfare benefits.

• Application of Art. 2033 of the Civil Code for the recovery of undue payments.
• Need to consider the principles of gradualness and proportionality in the recovery of sums.
• Implications for the rights of NASpI beneficiaries.

Judgment's Headnote and Practical Implications

In general. The New Social Employment Insurance Benefit (NASpI) is a non-pension social security benefit, therefore the recovery of sums unduly paid under this title is not subject to the rules governing undue pension benefits nor to those governing undue welfare benefits, but to the general provisions of Art. 2033 of the Civil Code. This latter provision must be applied taking into account the interpretative guidelines outlined by the Constitutional Court in judgment No. 8 of 2023, so that the action to recover undue payments occurs according to principles of gradualness and proportionality, without at the same time nullifying the right to recovery in its essential core.

This headnote highlights the importance of not nullifying the right to recover unduly paid sums, while ensuring a recovery that respects the principles of gradualness and proportionality. This means that administrations must proceed with caution and consider the specific circumstances of each case, avoiding excessive burdens on beneficiaries.

Conclusions

Judgment No. 11659 of 2024 represents an important reference point for the management of NASpI benefits and for the regulation of undue social security payments. The Court of Cassation, with its decision, has charted a significant course to safeguard citizens' rights by establishing clear criteria for the recovery of unduly paid sums. It is crucial for legal practitioners and competent administrations to align with these guidelines to ensure the correct application of the law and the protection of beneficiaries' rights.