INPS

The claims can be submitted by borrowers in default “without fault", enrolled in the Unified Scheme of Credit and Social Benefits.

The Regulation provides that INPS established a Commission to evaluate the claim of enforcement of amortisation (article 19, paragraph 4, of the Regulation) and renegotiation of the loan (article 20, paragraph 1, letter e, of the Regulation), submitted by borrowers in situations of default “without fault" and report to the competent INPS provincial directorate.

The Commission operates according to pre-established criteria made public (message no. 1719 of 19 April 2016) and takes a decision within 30 days. from the receipt of the claim submitted through the competent Provincial Directorate. Assessment of claims submitted by non-defaulting borrowers is not provided.

Article 22, paragraph 3 of the Regulation establishes the termination of the loan agreement and the activation of the procedures for aggressive collection of the loan, in the event of failure to pay two amortisation instalments, accrued default interest and/or any expenses claimed by INPS, within 60 days of the last unpaid instalment. Consequently, the evaluation claims must be submitted to the competent provincial administration during the period between the expiry of the first instalment of the unpaid loan and 60 days from the second unpaid instalment.

If submitted within the set deadlines, the Commission can also examine claims for suspension and concomitant renegotiation, claims for suspension submitted after those of renegotiation, whilst it will not be able to examine a claim for renegotiation subsequent to one for suspension. The acceptance of the suspension determines, in fact, the liquidation of the arrears and the Commission cannot be called to evaluate the renegotiation.

The claim can be submitted in the following cases of default “without fault":

• illness of the borrower or spouse, with reduced financial capacity, after unpaid leave or pay cut;
• death of the borrower or spouse;
• unintentional job loss of the borrower or spouse;
• calamitous events declared by the competent authorities, in the territory of the property subject to the loan agreement;
• surgical medical expenses and hospital admissions, after illness or injury of a member of the borrower's household, as required by article 6 of the Regulation (spouse not legally separated after a sentence or decree approving the consensual separation report, children under age or adults if fiscally dependent, legitimate, legitimised, adoptive, natural or foster), only if incurred within two years from the stay of enforcement of the amortisation or renegotiation of the loan;
• expenses for continuous medical assistance to a member of the borrower's household, as required by article 6 of the Regulation (spouse not legally separated after a sentence or decree approving the consensual separation report, children under age or adults if fiscally dependent, legitimate, legitimised, adoptive, natural or foster), only if incurred within two years from the stay of enforcement of the amortisation or renegotiation of the loan;
• legal separation of the borrower, only if it occurred within two years from the stay of enforcement of the amortisation or renegotiation of the loan;
• theft or damage caused to the borrower's family residence not covered by insurance, only if such occurred within two years from the stay of enforcement of the amortisation or renegotiation of the loan.

The Commission can evaluate, on a case-by-case basis, additional cases default “without fault" which involve a proven and objective reduction of family income capacity.

The stay of enforcement and renegotiation is submitted to the relevant INPS provincial directorate, which sends them to the Evaluation Commission pursuant to art. 19, paragraph 4, of the Regulation on granting of mortgage loans to those enrolled in the Unified Scheme of Credit and Social Benefits, at the Credit and Welfare Central Directorate.