See: "Check too low, for disabled civilians unsecured means of living"

2020-06-24T12:09:21.950Z

€ 285.66 per month, required by law for people totally incapacitated for work due to serious disabilities, are not sufficient to meet the basic needs of life. The right to maintenance that the Constitution (article 38) guarantees to the incapacitated is therefore violated, established by the Constitutional Court by examining a question of constitutional legitimacy raised by the Turin Court of Appeal. The case that gave rise to the decision - explains the Press Office of the Consulta pending the filing of the ruling - concerns a person suffering from neonatal spastic quadriplegia, unable to carry out the most basic daily acts of life and to communicate with the outside world. The Court held that a monthly allowance of only € 285.66 is manifestly inadequate to guarantee to persons totally unable to work the "means necessary for living" and for this violates the right recognized by article 38 of the Constitution, according to which "every citizen unable to work and without the necessary means to live has the right to maintenance and social assistance ". It has therefore been stated that the so-called "increase per million" (equal to € 516.46) long recognized, for various pension treatments, by article 38 of law no. 448d el 2011, must be insured to the total civil disabled, referred to in article 12, first paragraph, of law 118 of 1971, without waiting for the achievement of the sixtieth year of age, currently required by law. Consequently, this increase will henceforth have to be paid to all total civil disabled persons who have completed 18 years of age and who do not enjoy, in particular, income on an annual basis equal to or greater than € 6,713.98. The Court has ruled that its ruling will not have retroactive effect and should apply only for the future, starting from the day following the publication of the judgment in the Official Gazette. The possibility remains for the legislator to remodel the regulation of the welfare measures in force, provided that they are suitable for guaranteeing the effectiveness of the rights recognized by the Constitution to total civil disabled persons.