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Pensions: the Consulta rejects the anti-caregivers rule

The constitutional judges declare illegitimate the rule that limited the amount of the survivor's pension when the deceased spouse was married at more than 70 years and the surviving spouse was at least 20 years younger - The law must not "interfere with the choices of individual life"

Pensions: the Consulta rejects the anti-caregivers rule

La anti-carer law it is unconstitutional. This was decided by the Consulta, which today filed sentence no. 174, with which he declares article 18 paragraph 5 of the decree law 6 July 2011 n. 98, which limited the amount of the survivor's pension when the missing spouse was married over 70 and the surviving spouse was at least 20 years younger.

In particular, the Constitutional Court considers that it is unreasonable to limit social security treatment only to the advanced age of the spouse and to the age difference between the spouses.

The constitutional judges reiterate that any limitation of the right to a survivor's pension must be respected the principles of equality, reasonableness and solidarity, which is the basis of the social security treatment in question, and must not interfere with the life choices of individuals, an expression of fundamental freedoms.

Previously the Consulta had given the green light to the levy on pensions from 90 euros upwards.

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