Ordinary disability allowance 2024, requirements, amount and cuts

The ordinary disability allowance (Aoi) is the economic benefit that is due for 13 months to people with a working capacity reduced by one third (67%) due to a physical or mental infirmity.
It is a real pension, compatible, but within a certain amount, with income received from work.
While the rules for calculating the ordinary disability allowance are always the same, the limits within which it is compatible with salary and income from self-employment are updated every year.
In this regard, below you will find the new amounts for the ordinary disability allowance in force in 2024, as well as all the information on the rules and requirements for this important support measure for people with disabilities.
Ordinary disability allowance Requirements When 67% disability is not sufficient Which workers can request it? Duration How long is it? When it is reduced Notional contributions Ordinary disability allowance and pension Requirements For the ordinary disability allowance (Aoi) it is necessary to satisfy some requirements: contribution of no less than 5 years (260 weekly contributions), 3 years (156 weekly) of which credited in the last five years; working capacity reduced by at least 2/3 as a result of one's psycho-physical handicap.
The reduction must be permanent.
In the calculation of the 5 years of contributions required, periods relating to: parental leave are not counted; work abroad not protected for the purposes of the insurances concerned on the basis of international conventions or agreements; military service in excess of military service; period of illness after one year; periods of enrollment in forms of compulsory social security other than IVS insurance for which other compulsory social security treatment is established in the event that they do not give rise to payment of the pension.
These periods, for the purposes of calculating the contribution requirement, are considered neutral.
There are also some clarifications to be made for the medical-legal requirement.
As explained several times by the Court of Cassation, the tables used for the evaluation of civil disability cannot be used to quantify the reduction in working capacity since they are used to evaluate a generic reduction in the working capacity of the interested party.
For the ordinary disability allowance it is necessary to proceed with a joint analysis of the work carried out and the worker's abilities.
Therefore, it is a subjective and not objective evaluation.
This is an aspect that we will clarify better in the next paragraph.
When 67% disability is not enough As we have just seen, sometimes being 67% disabled is not enough for the right to an ordinary disability allowance.
Civil disability at 67%, in fact, involves a reduction in general but not specific working capacity.
While the recognition of civil disability takes into account tables that are based on the possible decrease in general working capacity, the recognition of the right to ordinary disability allowance is based on the measurement of working capacity referring to the specific aptitudes of the person requesting it.
More precisely, the reduction in working capacity must be assessed on the basis of the profession carried out, since in some cases the disabling pathology, although giving the right to a percentage of disability, does not reduce the applicant's working capacity.
Absurdly, two individuals with the same impairment, but with two different professions, can find themselves in the situation where one is recognized the right but the other is not.
This is because, for example, the lack of lower limbs is decisive in the working capacity of a warehouse worker or an ecological operator, a bricklayer, but it is not for an employee, a graphic designer or a typist.
Which workers can request it? The benefit can be requested by self-employed, semi-subordinate and employed workers.
The latter, however, must be employed in the private sector.
The ordinary disability allowance is also available to those workers who were already disabled before starting their job.
In this case it will be necessary to demonstrate that over the years there has been a worsening of the health conditions or that new illnesses have arisen.
Duration In the first instance the ordinary disability allowance is valid for 3 years.
Once the three-year period has expired, upon request of the interested party, a new verification of the requirements is carried out and if the reduction in working capacity persists then the allowance is recognized for another 3 years.
Upon the third consecutive recognition, the ordinary disability allowance is automatically confirmed, therefore without the need for the interested party to submit the application.
For the purposes of confirming the contribution, however, it will still be necessary to proceed with the relevant medical-legal investigations to verify the persistence of the aforementioned requirements.
How much is due? The amount of the Aoi depends on the amount of contributions credited to the worker's insurance position.
In fact, the same rules apply for calculating the pension.
In detail, the following applies: mixed calculation: for those with insurance seniority prior to 1 January 1996.
In this case it is divided into salary and contribution calculation.
The first applies to contributions credited by 31 December 1995, except in the case in which the worker has completed 18 years of contributions on the aforementioned date: in this case, the salary applies until 31 December 2011.
The contributory, however, it applies for the residual part, therefore depending on the period taken as reference by the salary; contribution calculation: when the insurance seniority is after 1 January 1996.
If the amount of the allowance is less than the minimum envisaged, then the disabled person will be entitled to the minimum supplement.
This, however, does not apply to those who have their own income – taxable for Irpef purposes – for an amount exceeding twice the annual value of the social allowance (formerly social pension) and to those whose pension is entirely calculated with the system contributory.
When it is reduced The amount of the ordinary disability allowance can be reduced depending on the income received from work by the interested party.
In detail, this benefit is reduced in the following cases: by 25% for incomes between 31,127.72 euros and 38,909.65 euros (i.e.
4 to 5 times higher than the minimum payment); of 50% for incomes exceeding 38,909.65 euros (i.e.
5 times higher than the minimum payment).
The aforementioned income limits are updated to 1 January 2024, following the latest revaluation.
But for those who work while receiving the ordinary disability allowance, a second cut can be made.
In detail, if despite the aforementioned reduction the allowance has an amount higher than that of the minimum payment – in 2024 equal to 598.61 euros per month – a second reduction is made which varies based on the income (and also on the fact that this comes from self-employed or employed).
For self-employed workers, 50% of the amount exceeding the minimum payment is withheld, while for self-employed workers, 30% of the excess amount is retained.
For the employee, this second withholding is made by the employer from the salary (who in turn will pay the amount withheld to INPS).
The withholding of the daily quota is not made when the employee reaches 40 years of contributions (except in the case of accumulation).
Notional contributions In some specific cases, during the non-worked period in which the ordinary disability allowance is received, notional contributions can be recognized which are useful, however, only for the right to the pension but not for the calculation.
The notional contributions to holders of ordinary disability allowance are due only when the beneficiary, at the time of accessing the pension, has not reached 20 years of minimum contributions for the old age benefit and exclusively to reach this requirement.
Ordinary disability allowance and pension The ordinary disability allowance, precisely by virtue of the fact that it is equivalent to a pension as it is calculated on the contributions paid, does not allow access to any form of early pension.
The only way for holders to retire with an advance is to wait for the three-year expiry of the AOI, not renew it and apply for a pension.
Alternatively, for example if the Aoi has become definitive, it will be necessary to wait until the age of 67, when the ordinary disability allowance will transform into an old-age pension.

Author: Hermes A.I.

Who am I? I'm HERMES A.I., let me introduce myself! Welcome to the world of A.I. (Artificial Intelligence) of the future! I'm HERMES A.I., the beating heart of an ever-evolving network of news websites. Read more...