Le condizioni per percepire la rendita ai superstiti INAIL

 

Domanda:

Buongiorno, mio  padre è deceduto il primo luglio e percepiva una rendita INAIL. Ha 4 figli e il coniuge di secondo matrimonio. Due figli hanno una inabilità lavorativa all’80%, hanno diritto alla reversibilità tutti i figli e la coniuge?
Grazie.

Risposta:

Gentile signora,

la rendita ai superstiti è una prestazione economica erogata in caso di decesso del lavoratore a seguito di un infortunio o di una malattia professionale.
La rendita decorre dal giorno successivo alla morte del lavoratore ed è erogata agli aventi diritto:

  • coniuge/unito civilmente: fino alla morte o a nuovo matrimonio
  • figli:
    • fino al 18° anno di età, senza necessità di ulteriori requisiti
    • fino al 21° anno di età, se studenti di scuola media superiore o professionale, viventi a carico e senza un lavoro retribuito, per tutta la durata normale del corso di studio
    • non oltre il 26° anno di età, se studenti universitari, viventi a carico e senza un lavoro retribuito, per tutta la durata normale del corso di laurea
    • maggiorenni inabili al lavoro, finché dura l’inabilità.

In merito al Suo quesito, dalle informazioni che ci ha fornito, si precisa che la quota integrativa verrà certamente riconosciuta al coniuge e ai due figli inabili al lavoro se maggiorenni. Riguardo agli ulteriori figli, la quota verrà riconosciuta se rientranti in una delle suddette casistiche.
Diverso è quando il decesso non è causato dall’infortunio o malattia professionale. In tale ipotesi la rendita ai superstiti si trasforma in speciale assegno continuativo mensile e viene erogato solo quando il grado di invalidità del titolare di rendita è:

–          superiore al 65% per infortuni accaduti prima del 31 dicembre 2006;

–          non inferiore al 48%, per gli infortuni verificatisi dall’1 gennaio 2007 e le malattie professionali denunciate a decorrere dalla stessa data.

Altra condizione fondamentale è che coniuge e figli non percepiscano rendite, prestazioni economiche previdenziali o redditi (eccetto quello della propria abitazione) di importo pari o superiore a quello dell’assegno speciale. Può comunque rivolgersi al Patronato ANMIL, anche attraverso il numero verde 800 180 943, qualora necessitasse di ulteriori informazioni.
Cordiali saluti.

Inviaci il tuo quesito scrivendo a esperti@anmil.it

Guarda gli altri quesiti della sezione “Gli esperti rispondono”

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