Civil disability reassessments: notification of the outcome and recovery of payments

A medical reassessment finding that the eligibility conditions for a social assistance benefit are no longer satisfied does not automatically make every payment already received recoverable. The timing of notification and the recipient’s legitimate expectations must also be considered. These are the issues addressed by the Tribunal of Foggia in judgment No. 1852 of 24 June 2026.

The dispute concerned an INPS demand for repayment of two monthly instalments of a civil disability pension, for October and November 2025. Recovery followed a reassessment on 3 October 2025, which found a degree of disability insufficient to retain the pension. The report was communicated on 20 October.

The Tribunal referred to Court of Cassation order No. 24180/2022. Under the principle cited, where a social assistance overpayment results from loss of medical eligibility, notification of the adverse reassessment outcome is relevant. Protection extends to recipients who were not responsible for the undue payment and legitimately relied on their entitlement.

The assessment date, notification date and payment dates are therefore separate matters. Comparing them establishes whether the recipient already knew of the adverse outcome when receiving each payment. Protection is not unconditional: the principle expressly preserves the possibility of recovery where the payment is attributable to the recipient’s conduct and there are no legitimate expectations deserving protection.

View the court decision (PDF) ↗

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