Waiver of the obligation to repay unduly received complementary benefits

Facts

The case concerns the application for a waiver of the obligation to repay unduly received complementary benefits submitted by Venturini to the Cantonal compensation fund of the Canton of Ticino. The administration had issued the repayment order on 10 July 1981, with a deadline of 30 days to submit the waiver application. However, the application was submitted only on 30 November 1981, after the deadline.

The judges of first instance had dismissed the issue of the admissibility of the application, while the FJA must now determine whether the prerequisites for granting a waiver, good faith and excessive burden, were met.

Considerations

The FJA established that the 30-day deadline for submitting the waiver application is not peremptory, but merely procedural. This means that the compensation fund can consider the request even if submitted after the deadline.

The Court then examined whether the prerequisites of good faith and excessive burden were met. With regard to excessive burden, it emerged that the requirements were met in the specific case. With regard to good faith, the Court established that ignorance of the illegality of the benefit may be excusable if the insured person did not have the opportunity to verify the accuracy of the data indicated by the…