Social security benefits for disabled workers

The system recognizes certain special social security benefits for the disabled. In addition to services strictly linked to disability (for example, the ordinary disability allowance or disability pension introduced by law 222/1984 or benefits in favor of civil disabled ) the Fornero Reform has left two institutions already in place intact before 2011 that allow you to grab the old-age pension and early retirement with an advance compared to the general legislation which, as we know, requires 66 years and 7 months of age for old age or 42 years and 10 months of contributions for early treatment (41 years and 10 months for women). Added to these benefits since 1 May 2017 are two new additions introduced by law 232/2016 . Let’s see.

Early Age PensionIn particular, workers with a disability of not less than 80% can get old age at 60 if they are men and 55 if they are women, provided they have at least 20 years of contributions pursuant to Article 1, paragraph 8 of Legislative Decree 503/1992 (see: INPS Circular 35/2012 ). Since 2013, the aforementioned requirements have been adapted to the life estimate and therefore in the 2016-2018 three-year period it is necessary to reach 60 years and 7 months for men and 55 years and 7 months for women. These workers must also wait for a 12-month window to open to obtain the first pension rate unlike what currently happens in the general legislation that has suppressed the annual windows.

This rule is active, however, only for employees of the private sector, workers who are members of the Compulsory Compulsory Insurance Fund and to pension funds substituting for the AGO (for the latter, see the Inps Circular 82/1994 ), in possession of contribution to the 31.12.1995 (that is, that they are in the mixed system, see: INPS 65/1995 Circular ). Therefore, the benefit cannot be exercised by self-employed workers or public employees (on this last point, see the Inpdap Circular 16/1993) .

Please note that to obtain the treatment in question the applicant must undergo a medical examination at the INPS health commissions even if he has been recognized as a civil invalid. This is because, according to INPS, the invalidity for the benefit in question must be assessed pursuant to law 222/1984 (so-called specific invalidity ) and not pursuant to law 118/1971 on civil invalidity (so-called invalidity generic ). Therefore, the recognition possibly already made in the context of civil invalidity is only an element of evaluation for the formulation of the legal medical judgment by the institute’s health offices ( Inps 82/1994 Circular) and does not necessarily determine the granting of the benefit.

The contribution increase for disabled workers
An additional benefit for disabled employees is recognized by article 80, paragraph 3 of law 388/2000 which allows deaf and dumb workers, civilian disabled for any reason that has been recognized as having a disability of more than 74 percent or similar, to war invalids, war civilians and invalids due to service in the public employment relationship with state administrations or local authorities, with disability ascribed to the first four categories of table A attached to the single text of the pensions regulations of war ( Presidential Decree 915/1978 ), to apply for each year of work actually carried out, the benefit of two months of notional contribution .

The benefit is recognized up to the maximum limit of five years of notional contribution and is useful both for the purposes of the pension entitlement and for the determination of its measure for seniority subject to the remuneration calculation. While it is useful only for the purposes of the pension entitlement for seniority subject to the contributory calculation. With this benefit, for example, a worker who has worked 12 years of actual work with a disability rate of over 74% will be able to count on a two-year contributory “bonus”. Who can use, for example, to earn an early retirement two years in advance ..
However, the seniority recognizable to these workers is due only to periods of activity employed by public administrations or private companies , with the exclusion, therefore, of the periods covered by voluntary , figurative or deriving from redemption not related to work, as well as of the generality of self-employed workers. Furthermore, it cannot be combined with other conventional contribution surcharges for the same impairment (in particular the 4-month contribution rebate for each year of work granted to blind workers; see: Inpdap Circular 36/2003 ).

The attribution of the benefit in question is free but does not occur automatically : the worker must submit a specific request, accompanied by appropriate documentation ( Circular Inps 29/2002 ; Circular 92/2002) .

Social APE and Early Work
From 1 May 2017, the 2017 budget law recognized two additional pension benefits for workers with a disability rating of 74% or more . The possibility of obtaining, starting from the 63rd year of age, the social APE , that is, an aid to accompany the old-age pension, whose value is equal to the amount of the pension accrued at the time of access to the instrument within a maximum of 1,500 euros gross per month. For access to the instrument, the worker must be able to assert contributory seniority of at least 30 years (which can also be asserted by combining the contribution spread in more than one INPS management). The indicated faculty is recognized, in viaexperimental , up to 31 December 2018 within a certain annual budget constraint for workers enrolled in mandatory general insurance of employees, special management of self-employed workers, separate management and substitute and exclusive funds of the AGO (public employment).

The other benefit consists in the possibility, if more favourable with respect to the social APE , to withdraw with the early retirement regardless of age at the achievement of 41 years of contributions (both for men and women) on condition of having at least 12 months of actual work before the 19th year of age . This faculty is also provided for workers enrolled in the compulsory general insurance of employees, special management of self-employed workers, separate management and substitute and exclusive funds of the AGO (public employment) starting from 1 May 2017within a given annual budget constraint. And on condition that the worker is in possession of a contribution on the date of December 31, 1995 (ie he falls under the so-called mixed system). For the purpose of completing the aforementioned seniority in contributions, the worker can also use the contribution supplement provided for in article 80, par. 3 of the law 388/2000 just indicated.

Leave a Reply