Inps ordered by Lucca court to refund social allowance deductions

The Court of Lucca has ruled against Inps, ordering the social security institution to stop seeking the repayment of social allowances from a pensioner. The dispute began when Inps demanded the return of 5,519.01 euros, claiming the beneficiary had exceeded income limits between January 2018 and February 2021.

Judge Giampaolo Fabbrizzi ruled that there was no fraudulent intent or omission on the part of the pensioner. The court noted that the necessary income data for 2018 was already available to Inps through electronic certifications. Furthermore, the judge emphasized that social assistance benefits, intended to meet primary nutritional needs, cannot be subject to the general rules regarding the recovery of undue payments when no fraud is present.

As a result, the court annulled the repayment request and ordered Inps to refund 788.43 euros that had already been withheld from the pensioner.