Social allowance or maintenance allowance? -proiezionidiborsa.it
In Italy there are different forms of social assistance. This can be recognized both by the State for subjects in economic difficulty, think, for example, of measures such as the citizen’s income or the social allowance. Or it is the law that obliges the closest relatives of the person in economic difficulty to support him financially. This is the case of the divorce allowance or the maintenance allowance. In fact, not only the children but also the ex partner, if the conditions are met, has the right to receive a subsidy from the previous partner.
It often happens that a subject has, abstractly, the requisites both to access state subsidy and to request assistance from relatives. Let’s see when and if it is possible to combine the maintenance allowance with the social allowance.
It often happens that a subject has, abstractly, the requisites both to access the state subsidy and to request assistance from relatives.
In Italy the The law provides for a series of subsidies in favor of needy citizensthe. These subsidies are part of the concept of the welfare state as recognized by our Constitution. The solidarity system, however, does not only require the State to support citizens in economic difficulty, in fact even the closest relatives of the needy person have this burden. For example, in a recent ruling the Court of Cassation explained what are the conditions on the basis of which the duty of grandparents is triggered to recognize the maintenance allowance to the grandchildren.
You also have to be very careful not to abuse these tools of social support. In fact, the state addresses these assistance services to those who really need them, and does not tolerate scams. In fact, particularly in this sector, scams take away resources from those who are truly in need, in favor of those who, on the other hand, are not at risk due to economic poverty. PThis is even only if the income situation changes, the citizen who receives the basic income has the duty to inform the INPS. Otherwise it can risk up to 6 years in prison.
State assistance and family assistance
Social allowance or maintenance allowance, in a recent sentence of 2022 the Court of Cassation analyzed a very interesting issue. The judges have, that is, explained sand the receipt of the maintenance allowance is compatible with the request for the social allowance. The question is especially interesting because the Cassation takes a position regarding a relevant principle. Or, whether there is a sort of prevalence between the social assistance recognized by the State with respect to the duty of solidarity that family members owe to the needy relative.
According to the trial judges, thestate assistance would be secondary to private assistance. In the sense that yesand a person had economic problems and was eligible both to apply for maintenance and social allowance, should first apply for family support allowance. This is because the welfare benefits of the State should take on a so-called subsidiary nature of the help of family members.
the State directs these welfare benefits to those who really need them, and tolerates scams badly – projectiondiborsa.it
When they can both
There Cassation did not share these conclusions of the judges of merit. Indeed, according to the Court, this subsidiarity of state intervention would not exist. In other words, the social allowance could also easily be due to a person who receives the maintenance allowance. Qwhen this maintenance allowance is modest and does not allow the subject to live in dignity. There the law, in fact, requires only that a certain wealth threshold is not exceeded, which includes the income actually received. If, therefore, the needy subject already receives the maintenance allowance but this is not sufficient, he could well request the social one.
