Commentary on Judgment No. 23040 of 22/08/2024 concerning ASpI and disability allowance
Judgment No. 23040 of August 22, 2024, issued by the Court of Cassation, addresses a crucial issue for many workers: the coexistence of ASpI (Social Insurance for Employment) and the ordinary disability allowance. The decision provides clear guidance on how to choose between these two benefits, highlighting the consequences of a late exercise of the option.
The coexistence of ASpI and disability allowance
The Court establishes that the coexistence of ASpI and the disability allowance is not permitted. Therefore, the insured person must exercise an option to choose which of the two benefits to receive. This clarification is fundamental, as it helps to avoid confusion between the different forms of economic support provided by the Italian social security system.
Option right - Lack of a deadline - Consequences. The coexistence of ASpI and the ordinary disability allowance, already in enjoyment or subsequently recognized, is not permitted, but the insured person has the right to opt for one of the two treatments and, given the lack of a deadline to exercise the option, to choose the payment of the benefit even in the administrative appeal against the rejection of ASpI recognition, with the sole consequence that the late exercise of the option entails, pursuant to art. 2, paragraph 41, of Law No. 92 of 2012, the repayment of sums unduly paid as ASpI.
Consequences of late exercise of the option
A particularly relevant aspect of the judgment concerns the lack of a deadline for exercising the option between ASpI and the disability allowance. This means that the insured person can decide at a later stage, during an administrative appeal, which benefit to receive. However, it is important to bear in mind that a late exercise has legal consequences. In particular, according to art. 2, paragraph 41, of Law No. 92 of 2012, the insured person who decides to opt for ASpI after having already received the disability allowance will have to return the sums unduly received.
- Impossibility of coexistence between ASpI and disability allowance.
- Option right without a set deadline.
- Repayment of unduly paid sums in case of late option.
Conclusions
In conclusion, judgment No. 23040 of August 22, 2024, represents an important piece in Italian social security jurisprudence, clarifying the rules regarding ASpI and the ordinary disability allowance. It is essential that insured persons are aware of their rights and the potential legal consequences of their choices, to avoid future problems and ensure proper management of social security benefits.
