Ordinary invalidity allowance: an incorrect benefit name must be read in context

An inaccurate benefit name cannot be considered in isolation where the case documents clearly identify the right recognised. The Tribunal of Foggia applied this approach in judgment No. 391 of 6 February 2024 to a court approval order using the Italian expression assegno ordinario di inabilità instead of assegno ordinario di invalidità.

INPS considered that it could not implement the order without correction because no benefit existed under the name used. The claimant therefore brought ordinary proceedings to obtain establishment and payment of the allowance for which medical eligibility had been recognised.

The Tribunal examined the original application for the preliminary expert assessment, its conclusions and the expert report. Those documents showed that renewal of the ordinary invalidity allowance was sought and that medical eligibility had been assessed under Article 1 of Law No. 222/1984: working capacity reduced to less than one third in the occupations contemplated by that provision.

The judge held that the incorrect wording alone could not create genuine uncertainty about the benefit. The starting date was also interpreted in the context of the claim, which sought continuity from administrative withdrawal. The judgment further referred to the public administration’s duty of fair conduct and the need to avoid imposing unnecessary procedural burdens on individuals.

The claim succeeded and INPS was ordered to establish the ordinary invalidity allowance from withdrawal and pay accrued and future instalments with the statutory ancillary amounts. The decision does not equate different benefits. It holds that, in this particular case, the right was unambiguously identifiable by reading the order together with the documents on which it rested.

View the court decision (PDF) ↗

https://studiolegalecelentano.com/en/news/incorrect-benefit-name-in-the-judicial-approval-decree