We have already told here on ilgiornale.it several times the cases in which theInps he asked back sums paid by mistake on the pension accrual. In fact, as we have underlined, often the error may not result in a refund because the legislation in this regard is clear: the undue amounts must be returned in the event of willful misconduct by the pensioner and not in the event of an error on the part of the provider. But in recent times, as the lawyer pointed out Celeste Collovati which for some time has been at the forefront on this front with the Dirittissimo firm, various requests have been prevented with the presumed obligation of restitution with figures that varied at times from day to day. “It happened that a lady received a communication with a debt to INPS of Euro 20,000 and a few days later, she received another that brought another amount lower than the previous one, but did not specify the reason for the error and which was the debt to be taken into account for the purpose of payment. Also another gentleman who in the provisional pension measure received a much higher amount of debt than he later received in the final pension measure “, explained the lawyer Collovati.
The “rush” to pay
But it doesn’t stop there. In these circumstances, the “haste” on the part of the pensioner to settle the debt often plays a fundamental negative role, to the point of paying the amount to INPS in a few days after the recall. And sometimes with two letters of debt with two different bulletins there is also the risk of making mistakes on the amount to be returned. And it is for this reason that we offer you some practical tips to avoid bitter surprises. First of all, a distinction must be made with regard to the nature of the unlawful social security: “Normally, reference is made to the principle of legitimate expectations and the good faith of the pensioner, then it is necessary to evaluate the undue individual case by case, also because the rules that apply are very different between debts deriving from welfare benefits (disability, accompaniment) or civil debts deriving from an error in the provision of the retirement pension “, explains the lawyer. So what to do if a letter arrives home asking for the return of a maxi social security amount? The procedure for recovering the undue pension is regulated by article 52 of Law 88/1989, as authentically interpreted by article 13 of Law 412/1991. The second paragraph of the first aforementioned provision provides for an amnesty in favor of the pensioner who has received undue sums, since “… there is no recovery of the sums paid, unless the undue perception is due to willful misconduct”.
What to do and cancel the request
Very clear words that are often ignored by the pensioner who pays the alleged debt without making any recourse. “It is good to know that the judges of the Supreme Court also expressed their opinion (in 2017) to deal with these unfortunately not infrequent situations, stating that the provider, INPS, can rectify pensions at any time due to errors of any nature, but cannot recover the sums already paid, unless the undue performance depended on the intent of the interested party “, explains the lawyer Collovati. In fact, this procedure is regulated by a very specific point: the general principle of unrepeatability of pensions according to which “pensions can be adjusted at any time by the paying agencies in the event of an error of any kind committed in the allocation or payment of the pension, but there is no place for the recovery of the sums paid, unless the undue performance is due to willful misconduct. “Finally, Collovati explains well why it is sometimes essential to challenge the INPS deed:” With a legal procedure it is possible to arrive at the total cancellation of the provision “.