Medical reassessment and INPS overpayments: subsequent recognition of eligibility defeats recovery

A subsequent judicial finding that medical eligibility existed from the reassessment date may affect an INPS repayment demand. Judgment No. 593 of 3 March 2026, delivered by the Tribunal of Foggia, distinguishes protection of legitimate expectations from the separate situation in which eligibility is established for the disputed period.

The case concerned €604.04 for January and February 2022, claimed back following an adverse medical reassessment. Among other arguments, the claimant maintained that notification had arrived after the January instalment had already been collected.

The Tribunal did not accept that argument on the evidence presented. A general assertion that benefits are paid at the beginning of the month was insufficient, since the banking-day calendar applied in January. The alleged receipt of payment on New Year’s Day did not, by itself, establish protected reliance.

The outcome nevertheless changed because of a development during the proceedings. A court order of 7 February 2023, approving the medical expert assessment in separate preliminary proceedings, recognised eligibility for the Italian personal assistance allowance from the reassessment date. The Tribunal held that this finding deprived the repayment demand of its basis.

The €604.04 was therefore declared irrecoverable. Half the legal costs were left to each party because the successful outcome resulted from a subsequent development; INPS was ordered to bear the remaining half. The decisive point was the later recognition of medical eligibility, not acceptance of the original argument about the January payment date.

View the court decision (PDF) ↗

https://studiolegalecelentano.com/en/news/notification-of-reassessment-and-recovery-of-benefits