In the event of the death of a retired person, INPS immediately blocks the related payments. In many cases, the social security treatment will then pass to the spouse thanks to the reversibility mechanism. The survivor of the pension is a protection for the relatives of the missing person, who can thus maintain their standard of living. Precisely for this reason, the percentage of survivors varies according to the number of surviving family members. If the nucleus were formed only by the spouse, the new pension would be equal to 60% of that of the deceased.
If, on the other hand, the spouse were to provide for at least two children, he would receive the full amount previously provided. In some cases, however, the beneficiaries of the survivor’s treatment may also be grandchildren. For this reason, in this article we will understand the mechanisms that regulate this hypothesis and the requirements to re-enter it. In other words, that’s when a grandchild can continue to collect their grandparents’ pension.
The ruling of the Constitutional Court
In a recent study, we have analyzed an increasingly frequent situation in our country. In fact, about eight million families live on a grandfather’s pension. The death of the pensioner could therefore put the entire family in very serious difficulties. A ruling by the Constitutional Court limits the impact of this eventuality and establishes that reversibility can also be attributed to grandchildren. That’s when a grandchild can continue to collect the grandparents’ pension according to the Query. The sentence 180/99 establishes for minor grandchildren, the equation of children for the purposes of recognizing reversibility. For the judges it is not necessary that the beneficiary is an orphan, nor that he was cohabiting with his grandfather. The INPS will, however, have to ascertain that it is impossible for parents to provide for the minor. The reversibility in favor of the grandson therefore operates when the income of the deceased grandfather is the only source of income for the family.
That’s when a grandchild can continue to collect their grandparents’ pension
We have seen that survivor also protects grandchildren when this income is essential for the subsistence of the family. This is when a grandchild can continue to collect their grandparents’ pension even after their death. The most typical case is the minor orphan of his parents who lives with his grandparents and therefore depends economically on them. The INPS Circular 213/2000 specifies that the child of unemployed parents maintained by a retired grandfather has the right to reversibility. In general, a grandson who is not economically self-sufficient has the right to survivor if he is habitually maintained by his grandfather. To determine the conditions of economic non self-sufficiency, INPS refers to Presidential Decree 797/55. In other words, people with an income equal to the minimum pension plus 30% are considered non self-sufficient.