The Italian Supreme Court – Employment section has confirmed that invalidity pension applies only within Italian territory. (judgement no..21901).
This ordinance is in line with EC regulation no. 1247/1992 which does not allow to export assistance or pension support within European territory. It is important to highlight the difference between assistance and pension support: the first one is an assistance measure for the benefit of citizen declared unfit for work without livelihood. B. Pension Support is a measure for the benefit of workers in the event of loss of their earning or working capacity The Supreme Court has confirmed the non-exportability of such supporting measure within Community framework. In fact, such measures do not have remunerative character, they are allocated by the Members’ States, where the beneficiary resides. According to Italian Law, the non-exportable assistance measures are: social pensions, pensions, indemnity for amputees or invalid, disabled, blind, integration of the minimum social security, integration of disability allowance and social support.