Social Ape 2023: who is entitled to it and how and when to apply – INPS INSTRUCTIONS.
It was extended to 31 December 2023 of the deadline for the fulfillment of the requirements and expansion of the audience of beneficiaries of theSocial bee. This is what is foreseen by the Budget law 2023 for the beneficiaries of the pension advance paid by the State: long-term unemployed, caregivers, 74% disabled people and those employed in demanding jobs. The question it can also be presented by those who have completed the requirements in previous years.
What is the Social Ape
Article 1, paragraphs 179 to 186, of the 2017 budget law and subsequent amendments provides an indemnity paid by the State provided by INPS, within spending limits, to subjects in certain conditions established by law who have completed at least 63 years old of age and who do not already have a direct pension in Italy or abroad. The so-called compensation Social APE is paid, upon request, until the age foreseen for the old-age pension is reached, or until the early pension is obtained or a treatment obtained in advance of the old-age age referred to in article 24, paragraph 6, of the decree-law 6 December 2011, n. 201, converted by law 22 December 2011, n. 214 (so-called Monti-Fornero law).
It’s about a experimental measurement in force from the May 1, 2017 whose expiration, following subsequent regulatory interventions (the last of which with article 1, paragraphs 91, 92 and 93, law 30 December 2021, n. 234), was extended until 31 December 2023.
Who is it aimed at?
The Social APE allowance is due to workers registered with the Compulsory General Insurance of employees, the substitute and exclusive forms of the same, the special management of self-employed workers and the Separate Management referred to in article 2, paragraph 26, of law 8 August 1995, n. 335, which:
a) are in a state of unemployment following termination of the employment relationship due to dismissal, including collective dismissal, resignation for just cause or consensual termination within the scope of the procedure referred to in article 7 of law 15 July 1966, n. 604, or upon expiry of the term of the fixed-term employment relationship provided that they have had, in the 36 months preceding the termination of the relationship, periods of employment for at least 18 months, have fully completed the unemployment benefit to which they are entitled and are possession of a contributory seniority of at least 30 years;
b) have been assisting, at the time of the request and for at least six months, the spouse or a first-degree relative cohabiting with a handicap in a serious situation pursuant to article 3, paragraph 3, of law no. 5 February 1992. 104, or a relative or second-degree relative cohabiting if the parents or spouse of the person with a serious handicap have reached the age of 70 or are also affected by disabling pathologies or are deceased or missing, and are have at least 30 years of contributions;
c) have a reduction in working capacity, ascertained by the competent commissions for the recognition of civil disability, greater than or equal to 74% and have a contributory seniority of at least 30 years;
d) are employed workers, at the time the allowance comes into effect, with at least 36 years of contributory seniority and who have carried out one or more of the following professions for at least seven years out of the last ten or at least six years out of the last seven (so-called burdensome), referred to in Annex 3 of Law 234/2021:
- * primary, pre-primary school teachers and similar professions;
- * health technicians;
- * warehouse management workers and similar professions;
- * qualified professions in health and social services;
- * aesthetic care operators;
- * qualified professions in personal and similar services;
- * artisans, specialized workers and farmers;
- * operators of plants and machinery for the extraction and initial treatment of minerals;
- * operators of plants for the transformation and hot working of metals;
- * operators of furnaces and other systems for processing glass, ceramics and similar materials;
- * operators of wood processing and paper manufacturing plants;
- * operators of machinery and plants for the refining of gas and petroleum products, for basic and fine chemicals and for the manufacture of products derived from chemicals;
- * operators of systems for the production of thermal energy and steam, for the recovery of waste and for the treatment and distribution of water;
- * mill and mixer operators;
- * operators of furnaces and similar plants for the heat treatment of minerals;
- * semi-skilled workers of stationary machinery for mass production and assembly workers;
- * fixed machinery operators in agriculture and in the food industry;
- * drivers of vehicles, mobile and lifting machinery;
- * unqualified personnel involved in moving and delivering goods;
- * unskilled personnel in cleaning services of offices, hotels, ships, restaurants, public areas and vehicles;
- * porters and similar professions;
- * unskilled professions in agriculture, park maintenance, breeding, forestry and fishing;
- * unskilled occupations in manufacturing, mining and construction.
For the purposes of recognizing the allowance, the contribution requirements required in letters a) to d) are reduced, for women, by 12 months for each child, up to a maximum of two years.
How does it work
EFFECTIVENESS AND DURATION
The Social APE allowance starts from the first day of the month following the submission of the application for access to the benefit where on that date all the requisites and conditions established by law exist, subject to cessation of work.
The Social APE is paid every month for 12 monthly payments per yearuntil the age foreseen for obtaining the old-age pension, or until a direct pension is obtained in advance or obtained in advance of the old-age age.
In order to evaluate whether the financial resources allocated are sufficient to cover the benefit compared to the number of those entitled, monitoring is carried out. Monitoring is carried out on the basis of the closest proximity to the old age requirement and, if the requirement is equal, on the basis of the date of submission of the application for recognition of the conditions.
HOW MUCH IS DUE
The compensation, in case of enrollment in asingle managementis equal toamount of the monthly pension instalment calculated at the time of access to the service (if less than 1,500 euros) or equal to 1,500 euros (if the pension is equal to or greater than this amount). The amount of the allowance is not revalued nor integrated into the minimum wage.
In the case of a person with contributions paid or credited for any reason at more management, among those affected by the APE Sociale, the calculation of the monthly pension payment is made pro quota for each management in relation to the respective accrued registration periods, according to the calculation rules established by each system and on the basis of the respective reference salaries.
During the enjoyment of the indemnity it is not due figurative contribution .
The processing of APE Sociale ceases in the event of the owner’s death and is not reversible for the survivors.
Beneficiaries are not entitled to Family Nucleus Allowances (ANF).
How to apply
To obtain the allowance, individuals in possession of the conditions indicated by law must have the following requirements at the time of requesting access:
- * at least 63 years of age;
- * at least 30 years of contributory seniority; for workers who carry out the so-called activities burdensome, the minimum contribution period required is 36 years old. For the purposes of recognizing the allowance, the contribution requirements required are reduced, for women, by 12 months for each child, up to a maximum of two years.
For construction workers identified with the ISTAT codes present in Annex 3, as indicated in the National Collective Labor Agreement ( CCNL ) for employees of construction and similar companies, for ceramists (ISTAT classification 184.108.40.206.2) and for operators of plants for the molding of ceramic and terracotta articles (ISTAT classification 220.127.116.11) the requirement of contributory seniority for access to the Social APE it is reduced to at least 32 years;
- * not be owners of any direct pension.
Access to the benefit is also subject to termination of employed, self-employed and para-subordinate work activities carried out in Italy or abroad.
The indemnity it’s not compatible with income support treatments connected to the state of involuntary unemployment, with the unemployment allowance (ASDI), as well as with compensation for the cessation of commercial activity.
And instead compatible with the carrying out of employed or para-subordinate work only if the relative income does not exceed 8 thousand euros gross per year and with the carrying out of self-employed activities within the income limit of 4,800 euros gross per year. In the event of exceeding the annual limit thus determined, the subject loses the Social APE; the allowance received during the year in which the excess occurred becomes undue and the INPS office proceeds with the related recovery.
HOW TO APPLY
Subjects who find themselves or could find themselves in the conditions established by law by 31 December 2021 must, prior to applying for benefits, submit an application for recognition of the conditions for access to the benefit by March 31, 2022, July 15, 2022 and, in any case, no later than November 30, 2022.
At the same time or pending the investigation of the application for recognition of the conditions for access to the Social APE, the person already in possession of all the required requirements, including the cessation of work, can submit the application for access to the benefit, this to in order not to lose accruals of treatments.
Applications, both for recognition of the conditions for access to the Social APE and for access to the benefit, must be addressed to the relevant INPS territorial offices and submitted electronically using the usual institutional channels.
For the investigation of the applications, arrangements have been made jointly by the Ministry of Labor and Social Policies, INPS, INAIL, ANPAL and INL, a specific protocol in which the methods with which to exchange data with other bodies have been identified, the methods through which to verify the declarations made by the applicant and the employer, the cases in which the INPS can make use of the National Labor Inspectorate.
Processing times of the measure
The ordinary deadline for issuing the provisions is established by law no. 241/1990 in 30 days. In some cases the law may set different deadlines.
The table shows the terms exceeding thirty days, established by the Institute with Regulations.
The table, in addition to the terms for issuing the provision, also indicates the relevant person responsible.