State maternity allowance

The right is also granted to non-EU citizens who are:

• family members holding the 'Residence permit for family members of a Community citizen who are not nationals of a European Union Member State' (Article 10, Legislative Decree n° 30 of 6th February 2007);
• family members holding the 'Permanent residence permit for family members who are not nationals of a European Union Member State' (Article 17, Legislative Decree n° 30 of 6th February 2007);
• holders of residence permits and treated as Italian citizens, pursuant to Article 41, paragraph 1-ter, Legislative Decree No. 286 of 25 July 1998. According to the rule, 'only foreigners holding a single work permit authorised to work for a period of more than six months, as well as foreigners holding a residence permit for research purposes authorised to reside in Italy for a period of more than six months, are treated in the same way as Italian citizens';
• holders of an EU long-term residence permit.

The following requirements apply to the mother:

• if she is in workshe must have paid at least 3 months of maternity contributions during the period between 18 and 9 months prior to the birth. In the case of national adoption or pre-adoptive foster care this time frame refers to the period before the child enters the family and for international adoption, to the period before the child arrives in Italy;
• if unemployed, must have worked at least three months and lost entitlement to social security or welfare benefits. The period of time between the date of loss of the right and the date of the child’s birth or the child's entry into the family, in the case of adoption or foster care, must neither exceed the period of time that the mother received benefits nor nine months;
• if she terminated her employment relationship during the pregnancy,even if voluntarily, she must be able to demonstrate three months of contribution payments paid during the period between 18 and 9 months prior to the birth of the child.

The following requirements apply to the father:

• if the mother abandons the child or if the father has exclusive custody of the child, at the time of abandonment or granting of exclusive custody:
  • must meet the contribution requirements provided for the mother; at the time of birth (in the case of childbirth), the mother also had to be legally resident in Italy;
  • the child must have been recognised by the father at the time of the claim;
  • at the time of the claim, the child must be in the registered family of the father, subject to his parental authority and not in the custody of a third party;
  • if the above conditions are met, the allowance is payable "exclusively" to the father, even if the mother has also received an allowance or other maternity benefit;

• if he is a pre-adoptive foster parent, in the event of separation of the spouses during the pre-adoptive foster care process he must meet the contribution requirements provided for the mother at the time he enters into a foster care agreement; The child must be with the foster family and the mother must not have already received the allowance;
• if he is an adoptive father, for adoption that occurred without foster care during the separation of the spouses, he must meet the contribution requirements provided for the mother at the time he entered into adoption; The child must be with the foster family and the mother must not have already received the allowance;
• if he is an unmarried adoptive father,for adoption taken on by him alone, he must meet the contribution requirements provided for the mother at the time he entered into adoption; The child, at the time of the claim, must be in the unmarried adoptive parent's registered family and must be subject to the adoptive parent's parental authority and not placed with a third party;
• if he recognised the newborn child or is the spouse of the adoptive or pre-adoptive foster mother,in the event of the death of the natural mother or the adoptive or pre-adoptive foster mother, these conditions are required at the time of the claim:
•  if he recognised the newborn child or is the spouse of the adoptive or pre-adoptive foster mother, in the event of the death of the natural mother or the adoptive or pre-adoptive foster mother, these conditions are required at the time of the claim:
  • the legal residence in Italy of the father or spouse of the deceased;
  • the presence of the child with his or her registered family;
  • parental authority over the child;
  • non-custody of the child with a third party;
  • that the deceased woman has not already drawn the allowance.

If the benefit has not yet been paid in favour of the mother and the father does not claim for the allowance in his own right, but takes over the claim already submitted by the deceased mother, the requirements must be ascertained for the mother herself.

WHEN CAN I CLAIM?

The claim must be submitted within six months:

• from the birth of the child;
• from the actual entry of the child into the family in the case of adoption or foster care. For international adoption it must also be submitted within 6 months of the date on which the child arrived in Italy.

HOW CAN I CLAIM?

The claim for State maternity allowance must be submitted online to the the relevant INPS office, via:

• dedicated on-line service;
• Contact centre at 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones;
• digital services offered by patronage institutes.

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The table attached to the Regulation shows the deadlines for defining the decisions established by the Institute that are longer than the normal 30-day period, and the indication of the relative manager.

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