The legislation governing the inclusion allowance, like what happened with the citizen's income, provides for obligations to be respected in order to maintain the right to the benefit.
There are various situations that can lead to the loss of the Inclusion Allowance and in some cases it can also involve mistakes made in good faith.
However, "the law does not allow ignorance" and for this reason one cannot justify oneself by saying that one did not know that a certain behavior was prohibited.
This is why knowing exactly when the Inclusion Allowance is lost is important to avoid the risk of finding yourself in the unpleasant situation in which, in addition to no longer receiving the support, you must also return what has already been received (and spent).
In this regard, to facilitate understanding of the obligations of the Inclusion Allowance, with the aim of creating a useful guide for all recipients of the measure, we have divided the various obligations and prohibitions by area.
When the Inclusion Allowance is lost Obligations and prohibitions connected to the active policy Obligations connected to carrying out a work activity Maintenance of income and asset requirements Changes in the status of family members Obligations and prohibitions connected to the active policy Also the Inclusion Allowance inclusion, such as Citizenship Income, is linked to an active policy which provides, based on the profile of the individual members of the family unit, support from municipal social services or public or private employment services.
In this regard, the following obligations and prohibitions must be connected in this context (with attached sanctions): reporting to the competent social services in the area within the 120th day of signing the Pad.
Anyone who does not do so incurs the sanction of suspension of the benefit; respond to summons (both the first and subsequent ones) from social services or employment services.
In case of absence, without justified reason, the inclusion allowance will lapse.
read also Inclusion allowance, by when (and how often) do you have to go to social services? The benefit is also removed if even just one of the beneficiaries, except in cases of exemption: refuses to sign the Inclusion Agreement (with social services) or the Personalized Service Agreement (with employment services); does not participate in training or retraining initiatives, or in any other active policy or activation initiative, included in the inclusion pact or in the personalized service pact; does not attend a first-level adult education course or one that is in any case functional to the fulfillment of compulsory education; does not accept a suitable job offer.
Obviously it is possible to fail in one of the aforementioned obligations and not risk losing the ADI in the event of a justified reason.
It must also be said that when the inclusion allowance is removed due to a member's failure to participate in active policies, therefore for one of the cases just indicated, the new application can only be submitted 6 months after the forfeiture.
Obligations connected to carrying out a working activity The Inclusion Allowance is not incompatible with carrying out a working activity: indeed, within the first 3,000 euros of income they can even be cumulated.
However, there are obligations and prohibitions.
First of all, the INPS must be informed of one's working condition using the Adi-Com model which, regardless of the income one is presumed to receive, must be sent within 30 days of starting the employment activity.
Anyone who starts a self-employed business must do the same, for whom the communication must be given by the day before the start of the business, with the obligation to then inform INPS every quarter regarding the income received.
Anyone who does not respect these deadlines will incur the forfeiture of the inclusion allowance.
The same applies to those who are discovered during inspection activities while carrying out illegal work, for which there are also criminal sanctions in addition to the obligation to return the amount unduly received.
read also Undeclared work, risks and sanctions for companies and employees Maintenance of income and asset requirements Obviously the inclusion allowance is also removed when the requirements to benefit from it cease to exist during the period of use.
This can happen when the presentation of the new ISEE or the Adi-Com model results in the asset or income thresholds being exceeded.
In this regard, with the Adi-Com model there are 15 days to communicate all those changes that affect the perception of the benefit, for example when following a donation the value of the movable assets is exceeded, or if one comes into possession of a property resulting in exceeding the income limit.
Anyone who does not do so will face the forfeiture of the measure.
Changes in the status of family members The inclusion allowance is also lost when changes relating to family members are not communicated to INPS.
This is the case, for example, of the addition or exit of one or more members, with the obligation to present an updated DSU for ISEE purposes within 2 months of the event.
And except in cases of birth and death, a new application for the inclusion allowance will also need to be submitted.
There are 15 days, however, to communicate through the Adi-Com form if, after the submission of the application, members of the family unit have been detained or hospitalized in long-term care institutions, as well as in any other residential facility in total responsibility of the State.
The same applies to those members who have resigned (except for just cause) from their jobs.
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