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The service allows you to submit and manage administrative appeals online.
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Publication: 11 February 2023 Latest update: 24 December 2024
What it is?
An administrative appeal against INPS is a legal means of contesting measures issued by the Institute: it consists of a plea, addressed to a third party body, aimed at obtaining the annulment or reform of the measure itself.
Administrative appeals to the INPS are governed by Presidential Decree no. 1199 of 24 November 1971 (Simplification of administrative appeals procedures), which laid down general rules on the matter of administrative appeals and provided for their types, and by Law no. 88 of 9 March 1989 (Restructuring of the National Social Security Institute and the National Insurance Institute for Employment).
On the basis of the aforementioned legislation, the ‘Regulations on the matter of administrative appeals within the competence of the INPS Committees’ was adopted, as set out in Board Resolution No. 8 of 18 January 2023 (see Attachment 1 to INPS Circular No. 48 of 17 May 2023).
Who is it aimed at?
Anyone who has a qualified interest that they believe has been harmed by a measure of the INPS may lodge an administrative appeal with the INPS, provided that the conditions provided for by law are met.
How does it work?
The appellant must:
- indicate the measure he intends to contest;
- briefly set out the administrative matter that concerns him/her;
- identify the grounds in support of his case;
- attach documents that are useful for the resolution of the dispute.
The appeal may be signed directly by the appellant or by his representative who has been authorised to do so. In the case of an incapacitated person, the appeal must bear the signature of the legal representative.
In the event that the appeal is lodged directly by the person concerned, the use of the tools provided for access to the Institute's online services will in any case guarantee the appellant's reference, even if the appeal is not signed.
In all cases in which an administrative appeal is filed, the offices also carry out an assessment of whether the conditions for the adoption of a self-defence measure exist.
If you do not intend to appeal against the INPS measure, or in cases where an administrative appeal is not permitted by law, the service allows you to submit a application to the INPS offices in order to obtain a self-protection review of the measure issued.
To this end, the user may access the online appeals service, in the manner described in the paragraph ‘How to claim’ and choose the ‘Application for Review’ function.
The committee in charge of the subject matter of the appeal and of the pension scheme or pension fund concerned shall rule on the appeal with a resolution of rejection or acceptance (see the page dedicated to committees).
The appellant is notified of the decision.
In any case, the law reserves to the Institute the power/duty to annul the Committee's deliberation if it is adopted in violation of the regulations in force.
Claim
WHEN TO CLAIM
The deadlines for filing an appeal differ depending on the body called upon to settle the dispute.
As a general rule, the appeal must be filed within 90 days from the date of notification of the measure to be appealed.
In the case of an appeal against a silence rejection, the 90 days run from the 121st day after the day on which the application was filed.
If the time limit coincides with a public holiday or non-working day, it starts to run on the first working day.
For committees of the Civil Servants’ Pension Scheme (Supervisory Committees), the time limit for submission is 30 days starting from the date of receipt of the measure, except for pension measures for which the 30-day time limit starts from the date of first payment. Furthermore, it is not possible to lodge an administrative appeal against a silence rejection.
A precise indication of the deadlines and methods for filing an administrative appeal is contained in the table attached to Circular No. 48 of 17 May 2023.
HOW TO CLAIM
The administrative appeal may be submitted exclusively through one of the following telematic methods:
- online (through the Public Digital Identity System - SPID at least Level 2 or the National Service Card- CNS) on the Institute's website, by searching for the Administrative appeals service in the search bar;
- through a patronage institute or other entities authorised to act as intermediaries with the Institute.
In the case of an administrative appeal lodged directly by a citizen, the appellant, after accessing the procedure, must:
- complete the procedure forms (measure, appellant's data, appeal, etc.) according to the guided procedure;
- attach the signed administrative appeal and, separately, any attachments in digital format.
The appeal will always be visible and editable until the ‘Forwarding’ function is activated. After this activation, it will be possible to download and/or print the receipt of submission and, within the following 24 hours, the receipt with the Unified Electronic Protocol number of the submitted appeal.
It will also be possible, through subsequent accesses, to consult the appeals submitted and their current status, as well as, once they have been defined, to know their outcomes and print the resulting resolutions.