Medical reassessment: the instalment already received is protected, the next remains repayable

A recovery demand covering several months requires separate examination of payments made before and after reassessment notification. In judgment No. 2269 of 27 December 2023, the Bari Court of Appeal applied this distinction to reduce, but not eliminate, an INPS repayment demand.

The dispute concerned the Italian personal assistance allowance after a reassessment on 12 November 2021 failed to confirm eligibility. INPS demanded a total of €1,047.27 for December 2021 and January 2022.

The Court examined the rules on withdrawal alongside the protection of legitimate expectations, referring also to Court of Cassation order No. 24180/2022. The decisive event was notification of the adverse outcome on 9 December 2021, after the December instalment had been paid. INPS did not dispute that payment preceded notification.

The December instalment was therefore excluded from recovery, while €525.17 for January 2022 remained repayable. Partially reversing the Tribunal of Foggia’s judgment, the Court limited repayment to that amount and ordered INPS to pay costs at both levels.

The outcome demonstrates why legitimate expectations cannot be described as a general bar to recovery of every payment made after reassessment. Here, notification separated the instalment received in circumstances deserving protection from the later payment for which repayment was confirmed. Recognition of severe disability status was also kept distinct from the separate eligibility requirements for the personal assistance allowance.

View the court decision (PDF) ↗

https://studiolegalecelentano.com/en/news/medical-reassessment-and-recoverable-versus-non-recoverable-instalments