Allowance suspended because the recipient could not be located: evidence of presence in Italy matters

Removal from the population register is not conclusive proof that a beneficiary is outside Italy. Concrete evidence of continued presence must also be assessed when deciding whether suspended social assistance benefits are payable. This follows from the Tribunal of Foggia’s judgment No. 619 of 5 March 2025.

The proceedings were brought by the heir of a personal assistance allowance recipient. INPS had suspended payment because she was considered untraceable. Following her death, the heir claimed instalments that had accrued but remained unpaid.

The Tribunal first acknowledged the relevance of residence in Italy to the benefits concerned. It nevertheless distinguished that requirement from the position shown in the population register. Absence of registration could not be treated as an irrebuttable presumption of absence from Italy, disregarding evidence to the contrary.

The judge considered the death documentation together with a municipal certificate based on information obtained by the municipal police. These showed that the beneficiary had been staying with a relative in Italy to receive care. She was therefore not untraceable in the sense relied on to suspend the allowance.

INPS was ordered to pay the accrued instalments to the heir, together with statutory interest. Each party bore its own costs because evidence of presence in Italy had been provided only during proceedings and no clear fault on INPS’s part had emerged. The decision rests on the facts actually proved, rather than treating every registration irregularity as an automatic loss of entitlement.

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