Arrears without fault: suspend amortisation or renegotiate loan

Claims shall be examined and evaluated by a special Commission. 

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In both cases, claims shall be submitted by borrowers in situations of arrears without fault and reported to the competent INPS provincial Directorate. 

The Commission shall act in the following ways: 

• applying pre-determined criteria made public
  (Message No. 1067 of 17 March 2023); 
• taking a decision within 30 days from the receipt of the claim submitted through the competent provincial Directorate.

Assessment of claims submitted by non-defaulting borrowers is not provided. 

Article 23, paragraph 3 of the Regulation provides for the cancellation of the loan agreement and the activation of the procedures for compulsory credit collection, in the event of failure to pay: 

• seven amortisation instalments, for mortgages with monthly instalments, or two amortisation instalments, in the case of quarterly or semi-annual instalments;
• interest on arrears accrued;
• any expenses claimed by INPS, within 60 days of the last unpaid instalment.

Consequently, the claims for assessment shall be submitted to the competent provincial Directorate: 

• for mortgages with monthly amortisation, in the period between the due date of the first unpaid loan instalment and 60 days after the due date of the seventh unpaid instalment;
• for quarterly and semi-annual amortised loans, between the due date of the first unpaid loan instalment and 60 days after the second unpaid instalment.

If submitted within the set deadlines, the Commission can also assess: 

• claims for suspension and renegotiation at the same time;
• claims for suspension submitted after those of renegotiation.

The Commission shall not assess a claim for renegotiation subsequent to one for suspension. 
The acceptance of the suspension determines, in fact, the liquidation of the arrears and the Commission cannot be called to evaluate the renegotiation. 

The claim can be submitted: 

• following the illness of the borrower or spouse, when there has been a reduction in financial capacity, after a period of unpaid leave or pay cut;
• after the death of the borrower or spouse;
• due to unintentional job loss of the borrower or spouse;
• following calamitous events in the territory of the property for which the loan was requested, declared by the competent authorities;
• in the event of:
  • serious epidemics;
  • pandemics;
  • other states of emergency declared by the competent authorities which have caused significant financial damage to the claimant or his or her family;
• after incurring expenses:
  • medical;
  • surgical;
  • hospitalisation;
  • due to illness or injury of a member of the claimant's household (for example: the spouse not legally separated by virtue of a sentence or a decree approving the consensual separation agreement, fiscally dependent children, whether they are minors, adults, legitimate, legitimized, adoptive, natural or foster), as provided for by Article 6 of the Regulation.

The expenses must have been incurred, however, within two years from the claim for suspension of amortisation or renegotiation of the loan; 

• after having incurred expenses for continuous assistance to a member of the borrower's household (for example: spouse not legally separated, fiscally dependent children, minors or adults, legitimate, legitimized, adoptive, natural or foster), as provided for by Article 6 of the Regulation.
  The expenses must have been incurred within two years from the claim for suspension of amortisation or renegotiation of the loan; 
• legal separation of the borrower, only if it occurred within two years from the claim for suspension of amortisation or renegotiation of the loan;
• theft or damage caused to the borrower's family residence not covered by insurance, only if such occurred within two years from the claim for suspension of amortisation or renegotiation of the loan.

The Commission can assess additional cases of arrears without fault, when they involve a proven and objective reduction of family income capacity. 
Claims for suspension and renegotiation shall be submitted to the competent INPS provincial Directorate. The Directorate, in turn, will send them to the Assessment Commission (Article 20 paragraph 4 of the Regulation), at the Credit and Welfare Central Department. 

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The table attached to the Regulation shows both 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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