Monday , May 29 2023

INPS also does not have to pay a refund


Questions of IPAP or fraudulent amounts or repeat of unauthorized payments by the institute are among the agenda between citizens and social security institutions.

Recently, they were the subject of two announcements of the court. There are reasonable reasons for citizens to face and resolve this. Attorneys JianCarlo Pélégreno and Sandro di Carlo, IPS.

There is hatred against the heir
Verdict No. 2041/2018, – Describe StudioCataldi Experts – Compensation with Welfare Benefits Reimbursements, especially those in the Court who are not paid to the beneficiaries, are later diagnosed. For the judge, the claimant has the right to grant such amount to the extent of inheritance.

Furthermore, a proper explanation: an autonomy process to gain self-control against the heir, in the commitment of some of his relatives, and the associated beneficiary "The last partnership of the heirs with the partnership for him.

If this liquidation is not found, a ten year notice is applied to the application of the amount initially started from the inauguration of the inauguration.

Reverse loan
But in 3238/2018, the Palermo Court declared some of the funds demanded by the same institute to be returned.

At that time, the judge's 80, paragraph 3 royal law 28 August 28 1934, 13 of the law of 88/1989 and 13 of the law no. 412/1991 of law 662 of the judiciary did not find the source of discipline established under the Civil Law of 2033, after the expiry of his / her compulsory social security and assistance. 1996 and 448/2001 were predetermined. Then, before December 31, 2000, a restriction imposed by the advance provisions used for unauthorized payments had been changed.

Therefore, Article 38 of the Unauthorized Distribution Act, 448/2001 dated 31 December 2000, Article 1 of Article 412/1991, Article 2 of Article 52 of the Unauthorized Distribution.

If any difference from the said phrase is not restarted:

Payment is based on a specific condition,
The purpose of the concerned person is lost,
The pension has been reported in full or fully reported on the right or the size of the performance that it does not know about the institution.
In the absence of these circumstances, the duration of the duration is allowed and the delays in the normal 10 year limit.

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