The different legal regulation surrounding the orphan pension of passive classes of the State and in the general framework of Social Security (Comment to ATC 124/2020, of October 21)

Abstract

The Order analyzes the issue of unconstitutionality surrounding the denial of the recognition of a child's right to an orphan's pension. This child was over the age of twenty-two years old, and did not prove their inability to work, or that they had a disability equal to or greater than 33 percent, or that they were an absolute orphan, due to the death of their mother, a public employee. The application of the provisions of article 41 of Royal Legislative Decree 670/1987, of April 30, which approved the revised text of the Passive State Law Class, considered them a violator of the principle of equality before the law in art. 14 CE.