Single allowance for separated and divorced parents: ISEE and rules
Operational instructions on how to apply for a Single Universal Check in the case of separated or divorced parents with INPS clarifications and regulatory rules
There are many doubts about the 2022 Single Check in the case of separated or divorced parents, from the required ISEE to the operating instructions for requesting it.
The application for the Single Check, in fact, can be submitted by one of the two parents exercising parental responsibility, even in the event of separation or divorce. But how exactly? Who actually takes the check? Which ISEE do you need?
In this guide we answer all the questions and explain in a clear and detailed way how the Single Check works in the specific cases of separated or divorced parents based on INPS clarifications and regulatory rules.
SINGLE ALLOWANCE FOR SEPARATE PARENTS, HOW IT WORKS
The general rule expressly provides that the Single Universal Check is paid by INPS only to the applicant or, upon request, even later, equally among those who exercise parental responsibility (father, mother or guardian), regardless of whether it is a cohabiting parents or not.
With specific regard to separated / divorced parents and to whom between the two can actually request the service, however, it is necessary to go and see how the custody of the child is regulated, namely:
in the case of shared custody, the allowance will go equally (50 and 50) to both parents and, therefore, both can request it;
in the case of exclusive assignment to one of the two, the check will go entirely to the parent who holds it, who will be the only one who can submit the INPS request.
On this point, however, the INPS intervened with Message no. 1714 of 20 April 2022, offering clarifications on the presentation and management of applications for the Single Universal Allowance by separated or divorced parents (as well as for adult children).
It should be noted that even in the case of a minor in temporary or pre-adoptive foster care pursuant to law no. 183/1984, it is necessary to distinguish the hypothesis of exclusive custody to only one of the parents from that shared by both parents exercising parental responsibility.
THE DIFFERENCE BETWEEN SHARED OR EXCLUSIVE RELIABILITY
We have seen that the allowance is always paid entirely to the single parent who holds sole custody of the child and, in the case of shared custody, halfway between both parents. This must result either from a court order or from a written agreement between the parties.
But be careful, there are two special cases:
the allowance is always paid to a single parent if the judge, in the provision governing the de facto, legal separation or divorce of the parents, has ordered that only one of the parents benefit from public contributions. This could also happen in the case of shared custody;
the same parents can establish that the contribution is fully paid only to one of the two, certifying in the procedure the agreement between the parties and, even here, regardless of whether the custody of the child is exclusive or shared.
HOW THE PAYMENT IS MADE
For the purposes of “full” or “split” payment, the applicant has the possibility to choose one of the different options for the imputation of the payment provided and always based on the conditions listed above (agreement or provision of the judge). The two possibilities are therefore:
100% payment to one parent only;
payment split at 50%.
More precisely, given that the allowance is paid to the applicant or, upon request, even later, equally among those who exercise parental responsibility, the payment is made in full to the applicant parent, if the latter selects this option in the application, that is, if the latter selects the distribution equally between parents, he can enter in the application form, in addition to his payment data, also those of the other parent. But beware, the payment details of the second parent may also be provided at a later time and, in this case, the 50% payment to the second parent takes effect from the month following the one in which the choice was communicated to INPS. The modification of the distribution must be carried out by accessing the application already submitted.
In all the exemplified cases, the second parent always has the possibility to modify the choice already made by the applicant, by accessing the application with his / her credentials.
HOW TO SUBMIT AN APPLICATION
In the cases mentioned above, the applicant declares his condition in the application, selecting the appropriate option, requesting the payment of the single child allowance at 100% or 50%. If the allowance is already paid with a 50% distribution, the parent, if the conditions have changed, has the option of requesting a change in the method of donation. To this end, it is necessary to integrate the online application already submitted, requesting 100% payment. For more information on how to apply for a Single Check, we recommend that you read our guide.
During the first application or modification of an application already submitted, the parent is not required to attach any documentation proving his or her right, but which may still be requested by the Institute at a later time. The documents that INPS may request are:
written agreement between the parties;
separation decree;
separation or divorce decree.
CASES FOR REVIEW
The other parent, in any case, may ask the competent INPS Structure to re-examine the division, by sending appropriate supporting documentation. The questions that fall into the review case for the part relating to the distribution of the allowance, will no longer be modifiable, by the other parent or by the patronage. Only the applicant will be able to change this choice at a later time, if the legal conditions existing at the time of the application change.
SINGLE ALLOWANCE FOR SEPARATE OR DIVORCED PARENTS, WITH WHICH ISEE?
The rules for divorced or unmarried parents are those that are normally used for the ordinary ISEE or the ISEE for minors. In the single self-certification (which is needed to obtain the ISEE), all the income of the family unit must be entered. The ISEE required for the Single Allowance, in any case, is that of the children for whom the measure is requested and, therefore, must be that of the family unit to which the children belong, regardless of which of the two parents submits the request. .
For greater clarity let’s make an example. Let’s say that two divorced parents, each for their half, are requesting the allowance. In the application for a single allowance, the parent who physically completes the request must specify the tax code of the child (or children) for which the benefit is requested and declare whether he is in possession of a valid ISEE (ISEE which can be also integrated at a later time). The INPS then proceeds to search for the ISEE in which the minor’s tax code is present. The amount of the Single Allowance due, at that point, is calculated on the ISEE of the family unit of the children for which the allowance is requested as the INPS also specifies on the page dedicated to the new measure “on the basis of any ISEE presented of the family unit of the beneficiary child “. “Possibly” since, please note, the Single Check is also paid without ISEE, albeit to a minimal extent.