Survivor's Pension: Ruling No. 11553 of 2024 and Extension to Orphaned Grandchildren

Ruling No. 11553 of April 30, 2024, represents a significant evolution in Italian social security law, particularly concerning survivor's pensions. Through this decision, the Court of Cassation has declared certain legal provisions unconstitutional, which excluded adult orphaned grandchildren from the right to a survivor's pension. This article aims to analyze in detail the implications of this ruling and the importance of its application in the current context.

Regulatory Context

Until now, Italian legislation, particularly Article 13 of Royal Decree-Law No. 636 of 1939, stipulated that survivor's pensions were granted to the deceased's spouse and children. However, Article 38 of Presidential Decree No. 818 of 1957 excluded adult orphaned grandchildren, even if unable to work and dependent on the insured ascendant, from this benefit. The Constitutional Court's ruling No. 88 of 2022 has therefore paved the way for a reconsideration of this aspect.

The Court of Cassation Ruling

SURVIVOR'S PENSION - IN GENERAL Beneficiaries of the survivor's pension ex art. 13 Royal Decree-Law No. 636 of 1939 - Persons equated ex art. 38 Presidential Decree No. 818 of 1957 - Exclusion of adult orphaned grandchildren, unable to work and dependent on the insured ascendant - Declaration of unconstitutionality - Extension of the right to cohabiting grandchildren with the ascendant, under the same conditions and with the same limitations provided for children - Admissibility. Following the declaration of unconstitutionality of art. 38 of Presidential Decree No. 818 of 1957, by virtue of the Constitutional Court's ruling No. 88 of 2022, the right to a survivor's pension provided for by art. 13 of Royal Decree-Law No. 636 of 1939, converted with amendments by Law No. 1272 of 1939, must be extended - under the same conditions and with the same limitations provided for children - to adult orphaned grandchildren, recognized as unable to work and living dependent on insured ascendants, previously not included among the persons equated to beneficiaries of the benefit.

This ruling has therefore accepted the request to extend the right to a survivor's pension to grandchildren, provided that the latter are adults, orphaned, unable to work, and dependent on the insured ascendant. This decision marks a step forward towards the recognition of rights within the family unit, expanding the protections provided by law.

Implications and Conclusions

The implications of this ruling are manifold and worthy of attention. Firstly, it represents a significant change in Italian jurisprudence, which now recognizes greater protection for orphaned grandchildren, a group often vulnerable and without adequate financial support. Furthermore, the extension of the right to a survivor's pension could have a positive impact on the quality of life of these individuals, offering them a source of sustenance during a difficult time.

In conclusion, the Court of Cassation's ruling No. 11553 of 2024 not only clarifies the legal position of orphaned grandchildren concerning survivor's pensions but also represents a significant step towards greater equity and social justice within our legal system. It is essential that legal professionals and citizens are adequately informed about these developments to ensure that the rights of all family members are fully protected.