Problem with single family allowance

The single and universal care allowance that Italy introduced in 2022 is against European rules, as only “those who have resided for at least 2 years” can benefit from our country. Therefore, it “qualifies as discriminatory” against EU citizens. This is what the European Commission writes when announcing the progress of the infringement procedure against Italy regarding this law.

Brussels opened the case in a formal notification letter in February 2023. Italy’s response came last June but apparently did not satisfy the Commission. Therefore, sending the reasoned opinion is the next step in the process before referral to the European Court of Justice and possible sanctions.

According to Brussels, Italy’s allowance for children in need of care does not comply with the EU’s rules on “coordination of social security” and “free movement of workers”. According to these rules, an EU citizen moving from one Member State to another must enjoy the same social rights as citizens of the country to which he moves. In particular, “the Social Security Coordination Regulation (…) prohibits any residence requirement for the purpose of receiving social security benefits such as family benefits”. However, Italian law provides that the allowance for dependent children is granted to persons who have resided in our country for at least two years and only if the parents live in the same family unit with the children. According to the Commission, this is discrimination that must be eliminated by law. The government now has two months to justify the delay in complying with EU rules.

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Source: Today IT

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