Indicazioni sul riconoscimento della malattia per lavoratori in quiescenza

The Italian National Social Security Institute (INPS) has issued guidelines relating to the recognition of social security protection for pensioners who start a new employment relationship (INPS circular, 11 March 2025, no. 57).

INPS has given indications regarding the possibility of recognizing sickness benefits for workers receiving retirement benefits. In particular, given the current regulatory framework, it is possible to recognise sickness for workers who, as pensioners, enter into a new employment relationship, based on the new insurance coverage and provided that specific social security protection is normatively foreseen.

Factoring in the role of the sickness benefit to compensate for loss of income, it is clear that this recognition aims to protect the worker who, despite continuing to receive a pension, loses the additional source of income associated with the new work activity due to illness.

However, it is stated that in the case of receipt of sickness benefit and a pension supplement that cannot be combined with work income, the system of incompatibility specifically provided for these latter cases applies, considering that the sickness benefit substitutes the salary.

Lastly, it is clarified that the disability pension is incompatible with any work activity and with substitutes or supplements to the salary. Therefore, in the event of carrying out a work activity, the pension is revoked.

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