Citizenship income, Inail income does not weigh on revenue

It is not an offence to make false declarations if you do not indicate in your application for a citizenship income that you have received over 17,000 euro from Inail for two years as compensation for an accident at work. The Cassazione thus upholds the appeal against the conviction for the crime that is triggered by those who perceive citizenship income unduly, concealing the conditions that preclude access to the benefit: from income from work to that of the other persons making up the household, up to economic variations.

According to the Court of Appeal, the appellant had committed an offence by not stating that he had collected a little more than EUR 17,000, followinga work-related injury that had rendered him 65% incapacitated, due to the loss of a hand. A sum, in the territorial court's opinion, that, although excluded from the Isee, was relevant to the overall income for the years concerned and therefore subject to the "proof of economic means" provided for by the Decree on the citizenship income.

The Supreme Court's conclusion is different, explaining that Inail compensation does not count towards income. And it does so by referring to a ruling by the Council of State. The administrative judges have, in fact, specified that indemnities and compensatory measures for inability, which are irrespective of income, do not constitute remuneration, "but are functional to compensate an objective and ontological situation of inability that in itself causes inconvenience and a decrease in income capacity".

The allowance is therefore intended to compensate for a situation of inequality and to re-establish equality. And not to improve the economic situation of those who, by working, suffered an impairment. To this the judges of merit had added a sentence, cancelled by the Supreme Court.