The social allowance is a welfare benefit not influenced by the potential payment of contributions, as it is intended for elderly people who are in a difficult economic situation and whose income is non existent or very low (it must not exceed the annual amount of the allowance).
Can foreign people apply for the social allowance?
- According to the law, Italian citizens can apply for the social allowance, but so can:
- EU citizens registered in the registry office of the municipality of residence;
- Non-EU citizens who are family members of an EU citizen (Article 19, paragraphs 2 and 3, Legislative Decree 30/2007);
- Non-EU citizens holding an EU long-term residence permit;
- Foreign citizens or stateless persons holding political refugee status or having been granted subsidiary protection.
What other requirements are necessary to obtain the social allowance?
To obtain the allowance, all Italian and foreign citizens must meet the following requirements:
- 67 years of age;
- Being in a state of economic need;
- Italian citizenship or equivalent situation (see above)
- Current residence in Italy;
- Ten years of legal and continuous residence (soggiorno) in Italy (art.20, paragraph 10, of the legislative decree of 25 June 2008 n. 112)
How much is the social allowance? How is it paid?
The amount of the allowance for the year 2024 is 534.41 euros for 13 months. Payment begins the first day of the month following the submission of the application. The benefit is provisional, and verification of the possession of the socioeconomic requirements and of the residence occurs every year. Exceeding the income limit required to benefit from the allowance results in suspension of the allowance.
What is the meaning of "state of economic need"?
To obtain the social allowance, one must have an income of less than 6,947.33 euros per year (13,894.66 euros, if the person is married).
Those who have no income will receive the entire allowance. However, if the recipient person has an income that does not exceed the limit indicated above, the social allowance will be reduced accordingly.
The allowance is not subject to IRPEF (income taxes) withholdings.
Can you benefit from the allowance if you no longer reside in Italy?
No, due to its assistence nature, the benefit cannot be received by those who reside abroad.
However, the Court of Cassation has clarified that a temporary absence does not result in the loss of the right to it (Cass. civ. sez. lav., n. 17397 of 29/8/2016).
In the event of the death of the holder, the allowance is not transferable to their surviving family members.
How can one individual prove that they possess the needed requirement of "legal and continuous soggiorno in Italy for ten years" (see above)?
Soggiorno and residenza are not to be confused for each other.
Unlike residenza, the requirement of 10 continuous years of soggiorno in Italy, once achieved, is definitive. Therefore, its existence is ascertained only when applying for recognition of the right to receinve the allowance and (as clarified in INPS circular 105/2008), the time period in which it occurred is not relevant. Therefore, although a full 10-years segment of the applicant's life has to be spent in Italy, its existence might have happened in a time frame distant from the time of submission of the application for the welfare benefit. E.G.: the requirement is satisfied if an applicant who submits the application in 2018 can prove a legal and continuous stay in Italy between 2000 and 2010, even if afterwards – before coming back – he has moved abroad.
Does the long-term permit (Permesso per lungo periodo) satisfy the requirement of continuous residence?
No, the long-term residence permit does not prove by itself continuous legal residence in Italy, which must in any case be verified by INPS.
As of April 3rd 2023, INPS has clarified that the long-term permit is an an independent and additional requirement, not an alternative one.
INPS has also specified that, even if there is continuity in the dates of issue of two long-term residence permits, the requirement of continuous legal residence (soggiorno) of 10 years must be ascertained anyway.
In particular, the ten-year period is considered interrupted in case an individual leaves the Italian territory for more than 6 consecutive months, or for 10 months in a five-year period. Absence due to the need to fulfill military obligations, or for serious and documented proven reasons (including health) are excluded (see INPS, circular no. 131 of 12 December 2022).
NOTE : The legitimacy of the long-term permit requirement was confirmed by the Constitutional Court with ruling no. 50/2019, It has therefore asked the Court of Justice of the European Union if this would be compatible with Union law, that as of now prevents holders of a single work permit from requesting this measure. The Court of Justice has not yet ruled on the matter.
How to certify foreign income? Is it possible to produce self-certifications?
INPS, with circular no. 131 of 12.12.2023, specified that:
- The people holding citizenship of one of the non-EU countries mentioned in the decree of October 21st 2019 (Bhutan; Republic of Korea; Republic of Fiji; Japan; Hong Kong; Iceland; Kosovo; Kyrgyzstan; Kuwait; Malaysia; New Zealand; Qatar; Rwanda; S. Marino; Saint Lucia; Singapore; Switzerland; Taiwan, Kingdom of Tonga) must produce a specific certification about their income and asset requirements issued by the competent authority of their country of origin;
- The people holding citizenship of non-EU countries not included in the aforementioned list are allowed to self-certify their income relating foreign real estate, while other foreign income must be documented through a translated and legalized certification issued by their country of origin.