Disabilità e inadeguatezza dell’assegno erogato

Roma, 25 giugno 2020 – Secondo la Corte Costituzionale la somma di 285,66 euro erogata alle persone totalmente inabili al lavoro per effetti di gravi disabilità non sono sufficienti per far fronte ai bisogni primari della vita. È stato violato il diritto al mantenimento che la Costituzione (articolo 38) che così recita: “ogni cittadino inabile al lavoro e sprovvisto dei mezzi necessari per vivere ha diritto al mantenimento e all’assistenza sociale”. Lo comunica l’ufficio stampa della Consulta in attesa del deposito della sentenza programmato per le prossime settimane. La questione è stata sollevata dalla Corte di Appello di Torino esaminando un caso di legittimità costituzionale che riguarda una persona affetta da tetraplegia spastica neonatale incapace di svolgere i più elementari atti della vita e di comunicare con l’esterno. La Corte ha perciò deciso che il cosiddetto “incremento al milione” (pari a 516,46 euro) debba essere assicurato agli invalidi totali senza attendere il compimento del sessantesimo anno di età secondo quanto previsto dalla legge. L’importo sarà quindi d’ora in poi erogato a tutti gli invalidi civili totali maggiorenni che non godono di redditi su base annua pari o superiori a 713, 98 euro. La Corte Costituzionale ha stabilito che la sentenza non avrà effetto retroattivo, ma dovrà applicarsi soltanto per il futuro, a partire dal giorno successivo alla sua pubblicazione nella Gazzetta ufficiale.  

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