Anyone who receives the inclusion allowance without being entitled to it not only risks losing the right to the instrument: in the worst cases, in fact, the INPS could ask for the sums unduly received back.
Although with the transition from Citizenship Income to Inclusion Allowance the reduction of the residual sums on the card after 30 days of disbursement has ceased, given that there are no deadlines within which the amount must be spent, the sanctions imposed on the crafty ones remain of the measurement.
For this reason, when useful information is omitted in order to access the Inclusion Allowance or to maintain the ongoing right to use it, the INPS may request the return of the amounts paid in the period in which the conditions are not met.
Amounts that can be very high.
For this reason it is important not to make mistakes: below you will find a list of all those circumstances that can lead to the sanction so feared by families, who risk finding themselves without support and with a high debt towards INPS.
When the Inclusion Allowance must be returned (including arrears) As anticipated, the only case in which the Inclusion Allowance risks being returned is when it is received unduly.
It is the text of Legislative Decree no.
48 of 4 May 2023, converted into law no.
85 of 3 July, to define the sanctions for those who do not comply with the information obligation towards the INPS which weighs on the beneficiaries of the measure, in particular in article 8.
In the first two paragraphs we talk about when the beneficiary of Adi risks, in addition to the restitution of the amounts, even prison.
This happens when false declarations or documents are used to obtain the benefit, or when required information is omitted.
In this case, imprisonment for 2 to 6 years is triggered.
However, when the change in income or family assets is not communicated while the benefit is being used, imprisonment ranges from 1 to 3 years.
In the two cases described, in addition to imprisonment, the immediate revocation of the benefit with retroactive effect follows; therefore the beneficiary is required to repay the entire amount received.
It is the INPS that deals with the recovery of the debt.
Different matters for those who would have still been entitled to ADI but by presenting a false DSU managed to obtain a higher amount: in this case the refund only concerns the amount paid in excess.
However, the benefit will be forfeited.
In summary, the situations that may lead to the return of the inclusion allowance are the following: the carrying out of a work activity by one or more members (even if illegally), whether as an employee or self-employed, is not communicated, but only when the perceived earnings exceed 3,000 euros; the start of a work activity (even if irregular) is not communicated during the period of use of the measure, but only when the income received exceeds 3,000 euros; the family unit indicated for ISEE purposes does not correspond to the actual one; resignations occurring in the previous 12 months are not communicated; a false declaration is made, for example if the possession of cars, motorbikes or boats that prevent access to the measure is hidden; it is not declared that the financial limit has been exceeded, for example following an inheritance, donation or gambling winnings.
The sanctions that cause the loss of the Inclusion Allowance but do not lead to its restitution.
There are also less severe sanctions for those who do not respect the rules established by the active policy connected to the use of the Inclusion Allowance.
The legislation, in fact, provides that the right to the benefit lapses when even just one of the members of the group, in the absence of a justified reason: does not report to social services, even in the absence of a summons, within 120 days of signing the Digital Activation Agreement.
; refuses to sign the Inclusion Pact (with social services) or the Personalized Service Pact (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.
In all these cases the right to the inclusion allowance lapses immediately, but at least the refund of the sums previously paid is not foreseen.
read also Inclusion allowance taken away from those who commit these errors (complete list)
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