Allowance due to the family unit - Workers of discontinued and bankrupt companies

The right terminates at the end of the pay period in progress when the conditions themselves no longer exist (e.g. legal separation/dissolution of the civil union, the child reaches the legal age).

If they are entitled to daily allowances, the entitlement shall commence and end on the day on which the prescribed conditions are met or are no longer met.

For payments subject to authorisation by INPS, the initial date of payment and the due date are indicated in the authorisation.

If the claim is submitted for one or more prior periods, the arrears due shall be paid for periods falling within the previous five years, in accordance with the five-year limitation period.

WHAT AM I ENTITLED TO?

The amount of the allowance is calculated on the basis of:

• the type of family unit;
• the number of components;
• the total income of the family unit.

The amounts are published annually by INPS in tables valid from 1st July of each year, until 30th June of the following year  (INPS circular no. 65 of 30th June 2022).

More favourable amounts and income brackets are envisaged for situations of particular distress (for example, single-parent or family units with members unable to work).

Only income subject to IRPEF will be taken into consideration, gross of:

• tax deductions;
• deductible charges;
• withholding taxes.

Income in excess of €1,032.91 that is exempt from tax or subject to substitute tax or withholding tax by way of a fee should also be indicated.

Income generated in the calendar year prior to 1st July of each year and which will be applicable until 30th June of the following year must also be taken into account.

If the claim refers to the first half of the year, namely, from January to June, the income earned two years earlier must be declared.

Conversely, if the claim periods are included in the second half of the year, from July until December, the previous year’s income must be declared.

The reference income in the case of actual domestic partnership, referred to in Article 1, paragraphs 36 and 37, Law no. 76 of 20th May 2016, for those who have entered into a domestic partnership pursuant to Article 1, paragraph 50, Law 76/2016, must be indicated in accordance with the provisions in the aforementioned law  (INPS circular no. 84 of 5th May 2017).

The total income of the household must be composed, for at least 70%, of income deriving from work as an employee or similar.

Entitlement to the payment of the ANF must also be recognised if the total income of the household is equal to “zero”.

WITHDRAWAL OF BENEFIT

Entitlement to ANF shall cease at the end of the period in which the conditions for its recognition are no longer met.

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For claims for the period up to 28th February 2022, the family unit may be composed as follows:

• the claimant for the allowance;
• his/her spouse who is not legally and effectively separated;
• a party in a civil union pursuant to Article 1 of Law no. 76 of 20 May 2016;
• children or equivalents younger than 18 years of age;
• children and equivalents, aged between 18 and 21 years, provided they are students or apprentices, if the household is composed of more than three children (or equivalents) aged under 26 years;
• disabled adult children with physical or mental problems, in absolute and permanent incapacity for profitable work;
• siblings and grandchildren of the claimant, who are minors or adults who are incapacitated, on the condition that they are orphaned without either parent and are not entitled to a survivor's pension.

For claims relating to periods subsequent to 1st March 2022, the family unit may be composed as follows:

• the claimant for the allowance;
•  his/her spouse not legally and effectively separated or the part of a civil union that has not been dissolved (Law no. 76 of 20 May 2016);
• siblings and nephews/nieces of the applicant, who are minors or adults who are incapacitated, on the condition that they are orphaned without either parent and are not entitled to a survivor’s pension.

If the claimant is a non-EU citizen, he/she may include in his household family members who:

• reside in Italy;
• do not reside in Italy if the foreign state of which the claimant is a national has concluded an international convention with our country for ANF or if it is an EU country;
• reside in a third country (INPS Circular no. 95 of 2nd August 2022), if the claimantholds a long-term residence permit or a single residence permit.

WHEN CAN I CLAIM?

The claim must be submitted for each year of entitlement.

HOW CAN I CLAIM?

In the event of a claim for Allowance due to the family unit by workers of discontinued or bankrupt companies, the family benefit is paid directly by the Institute.

The claimant citizen must enter the following information when submitting the claim:

• company number of the discontinued/bankrupt employer;
• residence;
• marital status;
• composition of their family unit, indicating, for each member, the income earned.

Claim procedure for employees of discontinued companies

The claim must be accompanied by a company statement detailing:

• the date of the company's cessation of activity;
• the reasons why the allowance was not paid to the claimant during the indicated periods;
• the commitment not to pay for the service after the statement has been issued.

Claim procedure for employees of bankrupt companies

The following documents must be attached to the claim:

• the declaration of the insolvency administrator attesting to the details of the bankruptcy and the existence of the employment relationship.
• the worker's declaration certifying that he/she has not received the allowance and the commitment not to include in the bankruptcy liabilities the credits for the benefit being requested with direct payment.

Submission of the claim

The claim (see Circular INPS No. 136 of 30th October 2014) must be submitted to the Institute, through one of the following channels:

• dedicated online service, accessible by the citizen with log-in credentials, via the Institute's website to the following path:  “Online sending of income support benefits” > “ANF Function for discontinued or bankrupt companies”;
• Multichannel Contact Centre - by calling 803 164 free of charge from landlines or +39 06 164 164 from mobile phones (cost of the call according to the mobile network operator's tariff plan);
• Patronage institutes and intermediaries of the Institute, using their electronic services.

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The Allowance due to the family unit is not compatible with the Temporary Allowance referred to in Art. 1 of Decree-Law no. 79 of 8th June 2021, converted by Law 112/2021.

In the light of Legislative Decree no. 230 of 21st December 2021, which, in Article 1, established the Single and Universal Allowance for dependent children, from 1st March 2022, the Allowance due to the family unit, limited to households with children or orphans, is repealed.

Indeed it is provided that, “limited to families with children and orphans, from 1st March 2022, the benefits referred to in Article 2 of Decree-Law no. 69 of 13th March 1988, converted, with amendments, by Law no. 153 of 13th May 1988, cease to be recognised”.

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