Studio Legale Celentano – avv. Francesco CelentanoUpdates on cases I handle and decisions concerning Italian social security and welfare law.
News: 11–20 / 23
– 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…
Read more– Payment of a benefit during proceedings may remove the need for a ruling on the merits, while leaving costs for the judge to decide. In judgment No. 47 of 8 January 2025, the Tribunal of Foggia examined when the steps necessary to obtain…
Read more– The interval between payment of a social assistance benefit and notification of an overpayment can be relevant to legitimate expectations. In judgment No. 1588 of 7 November 2024, the Tribunal of Velletri considered an INPS demand against…
Read more– Failure to collect a communication does not necessarily prevent it from taking legal effect. The Tribunal of Foggia’s judgment No. 2328 of 11 September 2024 considers deemed receipt after the postal holding period and distinguishes an…
Read more– Entitlement to the Italian ordinary incapacity pension and the date from which it becomes payable are separate matters. Once the medical and contribution conditions are established, continued employment does not, by itself, justify…
Read more– The date of an expert examination does not necessarily establish when eligibility for a social assistance benefit began. In judgment No. 667 of 2 May 2024, the Bari Court of Appeal awarded the Italian attendance allowance from the medical…
Read more– Severe disability status has independent legal significance and can be judicially established without identifying a particular benefit sought. The Tribunal of Foggia applied this principle in judgment No. 1212 of 10 April 2024, also…
Read more– INPS’s actual knowledge of income can be decisive even where the beneficiary has not proved sending a particular notification. In judgment No. 1146 of 4 April 2023, the Tribunal of Foggia relied on information in the online social security…
Read more– Omission of the Italian court filing fee, the contributo unificato, from a costs assessment does not always require an application to correct the decision. In its order of 24 February 2024, the Tribunal of Lecce explained that a costs…
Read more– 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…
Read moreWithin civil and employment law, I focus primarily on social security and social assistance in disputes with INPS and INAIL: pensions and allowances under the Italian invalidità civile system, the ordinary invalidity allowance, allowances for personal assistance and for attendance at school or rehabilitation centres, exemptions from healthcare charges, the Disability Card, targeted employment placement for people with disabilities, blindness, deafness, recognition of disability status, workplace injuries and occupational diseases. Learn more
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