With ordinance number 846/2024 of 9 January 2024, which addressed in depth the issue relating to NASPI (the Italian Social Employment Insurance) started before or after receiving the benefit above.

In that case, the Italian National Social Security Institution (INPS) had considered a worker to have lost his right to NASPI (the Italian Social Employment Insurance) who, despite receiving unemployment benefits, was simultaneously carrying out a self-employed activity and had not communicated to the same body the income he derived from the activity itself.

In the first two levels of judgment the judges had considered the Italian National Social Security Institution (INPS) decision unfounded, as article 10 paragraph 1 of the Legislative Decree n. 22/2015 would refer to the start of a new work activity during the disbursement of the NASPI (the Italian Social Employment Insurance), while in this case the beneficiary already had a VAT number at the time of the NASPI (The Italian Social Employment Insurance) request, furthermore the communication of the income had taken place even after the deadline required by law for one month.

According to the Supreme Court, the appeal appeared to be well founded. The Court, in fact, underlined that, as provided for by article 10 paragraph 1 of the above mentioned Legislative Decree, the failure to promptly communicate the self-employed activity even if already started before the NASPI (the Italian Social Employment Insurance) request, can lead to forfeiture of the benefit. Furthermore, the reporting obligation concerns any activity carried out during the period of receiving unemployment benefit, not just new activities.

The Court's interpretation was based on a systematic reading of Article 10, paragraph 1, according to article 9, paragraph 3, of Legislative Decree n. 22/2015. The latter establishes the obligation to communicate within thirty days for workers with multiple part-time employment relationships that cease from one of them.

This ruling by the Court represents a turning point from an interpretative point of view. On the one side, it is underlined the importance of timely communication of any ongoing self-employment activity by NASPI (the Italian Social Employment Insurance) beneficiaries, even if already started before requesting the subsidy in question.

On the other side, the scope of Article 10, paragraph 1, of Legislative Decree n. 22/2015, on the activities carried out during the receipt of the NASPI (the Italian Social Employment Insurance) is broadened.

author: Dott. Federico Benedetti