It is good to clarify immediately that the NASpI and theordinary disability allowance I’m incompatible with each other.
It is thearticle 6, comma 7, of Law Decree 148/1993 to establish it, specifying that “ordinary and special unemployment benefits and the mobility allowance are incompatible with the direct pension treatments paid by the compulsory general insurance for invalidity, old age and survivors of employees, replacement, exemption and exclusive insurance systems itself, as well as the special management of self-employed workers”.
However, this does not mean that whoever receives the ordinary disability allowance cannot apply for NASpI in case of job loss. Actually, it was initially like that, but then it is the Court of Cassation intervened to recognize the possibility for the worker to choose between these two measures. In detail, the sentence of the Constitutional Court 234 of 2011 declared theillegitimacy constitutional of the aforementioned provision in the part in which this does not provide, for the worker who benefits from the disability allowance or pension in the event that he / she is found to be entitled to unemployment benefits, the right to choose between the two.
This sentence, therefore, recognizes the possibility of everyone choose between the ordinary disability allowance and the enjoyment of NASpI, without prejudice to the incumulability of the two measures. Therefore, or one or the other.
A novelty also received by INPS with the circular 138 of 2011; but what to choose? In reality, the decision is not as complicated as it might seem.
Ordinary disability allowance or NASpI?
The ordinary disability allowance is that benefit recognized to those who have adisability between 74% and 99% and they can boast at least 5 years of contributions (of which 3 accrued in the last 5 years from the date of the application).
The amount of the allowance is calculated according to the current rules for calculating the pension. For contributions accrued after 1 January 1996, therefore, the contribution method is used and for this reason thecheck amount could be very low.
The advantage of the ordinary disability allowance, compared to the disability pension, for example, is that those who receive it it can also work meantime. And that is why it could also happen that, in case you lose your job, you are satisfied conditions to request unemployment benefit, i.e .:
- involuntary loss of work (therefore, it is not for those who resign);
- be able to claim 13 weeks of contributions in the last 4 years (provided they have not already given rise to unemployment benefit);
- have actually worked for a period of at least 30 days in the past 12 months.
Those who meet these conditions can do NASpI request, which has a amount equal to 80% the salary accrued in the weeks of contributions for which you are entitled to unemployment benefit.
It could therefore happen that the amount that is paid with NASpI is higher to that of the ordinary disability allowance. No problem: it is true, in fact, that you cannot perceive the two measures at the same time, but you can prefer NASpI without losing the right to the ordinary disability allowance.
What to choose between NASpI and ordinary disability allowance?
Choosing between NASpI and the ordinary disability check is not complicated: it is enough, in fact, prefer the benefit that has a higher amount (which in most cases is unemployment benefit).
On the other hand, choosing NASpI does not affect your possibility of returning to enjoy the ordinary disability allowance once the unemployment benefit period has ended (which is usually paid for half of the contributions weeks accrued in the last four years).
As explained by INPS with the circular 138/2011in fact, those who choose NASpI, in cases where the amount is higher than that of the disability pension received, has in any case two possibilities:
- return to receive the ordinary disability allowance once NASpI ceased. The AOI, in fact, is simply suspended during the period of use of the unemployment benefit;
- give up at any time to NASpI so as to receive the ordinary disability allowance again.