Medical reassessment: no repayment of an instalment received before the outcome was known

The sequence of payment, reassessment notification and recovery demand is decisive when assessing legitimate expectations. In judgment No. 181 of 14 March 2025, the Bari Court of Appeal overturned the Tribunal of Foggia’s decision and held that €876.70 was not repayable.

The dispute followed a medical reassessment on 29 June 2021. On 1 July, the personal assistance allowance and amounts associated with the previous total disability status were paid. The adverse report was communicated on 14 July; the recovery notice was issued on 27 July and received on 17 August.

The Court examined the actual medical basis of recovery, although INPS’s communication also referred to income-related reasons. It considered the beneficiary’s reliance plausible: payment had been received two days after the examination without its conclusions yet having been communicated.

Attending the reassessment did not, in itself, establish awareness of lost eligibility at the payment date. The later issue and receipt of the recovery demand were also considered in reconstructing events and assessing good faith.

The Court excluded recovery of the €876.70 paid for July 2021 and ordered INPS to pay the costs at both levels. The decision illustrates why the true basis of an overpayment and the chronology of communications must be established. The assessment date alone does not show that recipients knew the conclusions or exclude their legitimate reliance on payments received.

View the court decision (PDF) ↗

https://studiolegalecelentano.com/en/news/repayment-not-due-following-medical-reassessment