Allowance due to the family unit - Agricultural workers

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 the previous five years, in accordance with the five-year limitation period.

If the claimant is an agricultural worker and is entitled to unemployment benefit, the claim for ANF may be made at the same time or after the claim for the benefit.

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The size of the Benefit varies according to the days of work performed.

312 daily allowances are payable to agricultural workers on a permanent contract (OTI) registered for the entire year.

In the event of registration limited to a part of the year, if the minimum requirement of 101 days of actual work has been reached, the family allowance is due for the entire year; otherwise it is due at the rate of 26 days per month for the period of employment only.

Agricultural workers on a fixed-term contract (OTD) who are registered in the list of names for at least 101 days of work per year, are entitled to the allowance for the entire year.

Conversely, if they are registered in the list of names for less than 101 working days per year, this allowance is due for the days actually worked, plus the percentage of days due for holidays and public holidays (13.78%).

Fixed-term workers (OTD)  are also entitled to the allowance for all days of unemployment covered by the imputed contribution.

Employees in agriculture fall within the category of employees in the non-agricultural sector and, if the employment relationship is maintained, the allowance is payable at a rate of 26 days per month.

The household 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 to December, the previous year’s income must be declared.

The following also contribute to the calculation of income:

• income from self-employment;
• income from real estate including the dwelling house;
• income from land.

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 no. 76/2016, must be indicated in accordance with the provisions in the aforementioned (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.

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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REQUIREMENTS

• Below are the requirements for claims relating to periods:
• until 28th February 2022;
• after 1st March 2022  (INPS Circular No. 34 of 28th February 2022).

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 not legally and effectively separated or the part of a civil union that has not been dissolved (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 ANF benefit claims relating to periods subsequent to 1 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 claimant holds a long-term residence permit or a single residence permit.

HOW CAN I CLAIM?

Work performed in January and February 2022 will be considered in 2023 for the definition of the entitlement and for the ANF amount with the same rules in force until 28 February 2022.

If the claimant is an agricultural worker and is entitled to unemployment benefit, the claim for ANF may be made at the same time or after the claim for the benefit.

Procedures for the submission of claims by agricultural workers on a permanent contract (OTI)

The claim for ANF, in the cases provided for by the National Collective Labour Agreement, must be submitted to the employer with the paper  ANF/DIP (SR16) form (INPS Circular 23rd March 2023, no. 45, p. 3.2).

In these cases, the ANF must be paid in advance by the employer who will then balance up the amount subsequently.

The claim for ANF Authorisation (ANF 43) must be attached in the cases provided for by the provisions in force.

It may be filed within the limitation period of five years from the date of the claim.

For fixed-term agricultural workers (OTD) through the telematic channel, via the following channels:

• dedicated online service, accessible by citizens with credentials, from the Institute's website
• Contact centre at 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones.
• Patronage institutes - through the telematic services offered by them.

Other information

The ANF benefit is governed by Law 153/1988. A summary and coordination of the regulatory criteria can be found in  INPS Circular No. 12 of 12th January 1990.

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 8 June 2021, converted by Law 112/2021.

In light of Article 1, Legislative Decree No 230 of 21st December 2021, from 1st March 2022, the Allowance due to the family unit, limited to family units 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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