The Italian regulations in favour of the victims of terrorism (2)

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Legal English Version by J.D. Ian Barton & Dr. Salvatore Ivan Italiano;
© (2017) Lawinwordsblog.com

The Basic Law – Updated as of 20 March 2009

Law of 3 August 2004, No.206. Published in the “Gazzetta Ufficiale” No. 187, on 11 August 2004 “New rules in favor of the victims of terrorism and corresponding criminal acts” with subsequent amendments and integrations (indicated in italics).

Art. 5. 1. The sum under subsection 1 of article 1 of the law of the 20 October 1990, n. 302 as subsequently amended, is paid to a maximum sum of 200,000 Euros, in proportion to the percentage of invalidity determined, at a rate of 2,000 Euros for every percentage point.

2. The provisions of subsection 1 are applicable to grants already paid at the date of enactment of the present law, having regard to the revalued sum as provided for by article 6. For this purpose, an expenditure of 12,070,000 Euros is authorised for the year 2004.

3. Those who suffer and have suffered permanent disability of not less than one-quarter of their working ability on account of injury or wounds resulting from terrorist acts and similar crimes and the survivors of these victims and their adult children are granted from the date of enactment of the current law, in addition to the grant made under subsection 1, a special non-refundable pension allowance of 1,033 Euros per month, subject to automatic equalisation under article 11 of the legislative ordinance of 30 December 1992, n. 503, as subsequently amended. For this purpose an expenditure of 8,268,132 Euros is authorised for the year 2004, 8,474,834 Euros for the year 2005 and 8,686,694 Euros for the year 2006. Surviving adult offspring, even if not residing with the victim at the date of the terrorist event, are entitled, with effect from 26 August 2004, to a non-refundable lifetime income allowance under the article. 2 of the law of 23 November 1998, n. 407, as subsequently amended. (8)

4. In the event of the death of the subjects under subsection 3, the survivors entitled to a reversible pension are granted two yearly payments, including the year-end bonus, of the aforementioned pension contribution but limited to the surviving spouse, adult and minor children, parents and brothers and sisters, if residing together and in receipt of support. To this end, the expenditure of 857,000 Euros is authorised for the year 2004 and of 12,500 Euros for the year 2005.

5. The grant under article 4, subsection 1, and article 12, subsection 3, of the law of 20 October 1990, n. 302, as substituted by article 3, subsection 2, letter b), of the law of 23 November 1998, n. 407, is paid to an amount not exceeding 200,000 Euros. For the same purposes, the expenditure of 34,300,000 Euros is authorised for the year 2004.

(8) Period added from the letter (b) subsection 106 of article 2, law, 24 December 2007, n. 244. N. B. Subsection 2 Article 2 law, 23 November 2008, n. 407 provides, in the same category of disabled and survivors of the victims, A further life-long monthly pension of Euro 500, which is cumulative and subject to revaluation despite the provisions of subsection 3. Accordingly, these beneficiaries receive two monthly life annuities for the overall monthly amount of Euro 1,533 subject to re-valuation from 26 August 2004 as provided for by the rules […] To be continued […]

Dr. Salvatore Ivan Italiano
Dr Salvatore Ivan Italiano

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