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ATSGLPGA
CH
CH
Art. 23 Legge federale del 6 ottobre 2000 sulla parte generale del diritto delle assicurazioni sociali (LPGA) - Rinuncia a prestazioni
LPGA; Capitolo 3: Disposizioni generali riguardanti le prestazioni e i contributi
Art. 23 LPGA · Rinuncia a prestazioni
L’avente diritto può rinunciare a prestazioni assicurative. La rinuncia può essere revocata in qualsiasi momento con effetto per il futuro. La rinuncia e la revoca esigono la forma scritta.
La rinuncia e la revoca sono nulle se pregiudicano gli interessi degni di protezione di altre persone, di istituzioni assicurative o assistenziali oppure se si propongono di eludere le prescrizioni legali.
L’assicuratore deve confermare per scritto all’avente diritto la rinuncia e la revoca. Nella conferma occorre stabilire l’oggetto, l’ampiezza e le conseguenze della rinuncia e della revoca.
Decisioni giudiziarie che applicano questa disposizione (91)
39.2025.3 · ti (art. 23 LPGA)
Family Allowance Repayment Waiver Granted Due to Void Benefit Application Withdrawal
Cited in the reasoning used to determine the nullity of the withdrawal of the PC application, which affects the outcome of the appeal.
30.2024.4 · ti (Art. 23 cpv. 2 LPGA)
Pension Waiver Denial for Health Insurance Maintenance
This provision was the substantive legal basis cited by the administrative body and relied upon by the court to reject the appeal against the denial of waiver, as the waiver was deemed to circumvent legal provisions or prejudice third-party interests.
A/2400/2023 · ge (Art. 23 LPGA)
Renunciation of State Disability Pension Barred by Private Insurer's Right to Compensation
The court implicitly confirmed the rejection of the waiver request, which is regulated by this article, by rejecting the appeal challenging the decision not to admit the waiver.
200 2023 55 · be (art. 23 al. 2 LPGA)
Claimant's Attempted Renunciation of Unemployment Benefits to Access Transitional Benefits Rejected
The court confirmed the nullity of the waiver based on the provision against prejudicing third parties' interests or evading legal provisions.
AVS.37.21.38.2022 · vd (Art. 23 LPGA)
Swiss Pension Waiver Rejected Due to Mandatory Health Insurance Obligation
The court implicitly confirms the nullity of the waiver based on this article, as it found the renunciation to be void under paragraph 2.
Arr.t.2022.865 · vd (Art. 23 LPGA)
Insured's Appeal Against Mandatory Full Disability Pension Upheld
Cited in the reasoning section regarding the possibility of renouncing benefits, which was central to the appeal's substance.
C-1547/2022 (Art. 23 LPGA)
Pension Deferral Request Rejected Due to Missed Deadline
This provision is cited in the reasoning to explain why renunciation of benefits is generally not possible and not applicable in this case.
30.2021.22 · ti (Art. 23 cpv. 2 LPGA)
Swiss Pension Denial Upheld Due to Mandatory Health Insurance Obligation
The decision is based on the finding that the waiver of the Swiss old-age pension would violate this provision because the appellant intends to evade legal requirements (compulsory LAMal affiliation).
Arr.t.2021.901 · vd (Art. 23 al. 2 LPGA)
Disability Benefit Recipient's Appeal of Reformed Law's Clawback Provision
The court confirmed that the appellant's attempt to choose the less favorable legal regime was prohibited as it aimed to circumvent the application of new restitution rules (Art. 16a and 16b LPC).
C-4429/2020 (Art. 23 Abs. 2 ATSG)
Widow's Pension vs. Invalidity Pension: No Choice in Higher Payment
Used to declare the waiver of the invalidity pension void because it would impair the protected interests of the German Pension Insurance.
C-6036/2019 (art. 23 cpv. 2 LPGA)
Swiss Pension Renunciation Invalid Due to Potential Harm to Third Parties
Cited as the legal basis for declaring the waiver of the old-age pension null and void due to economic prejudice to third parties or insurance institutions.
32.2020.142 · ti (Art. 23 cpv. 2 LPGA)
Disability Appeal Remanded Due to Untimely Submission After Address Change Failure
Cited in the reasoning as the general duty of the claimant to provide necessary information.
AI.397.19.157.2020 · vd (Art. 23 LPGA)
Insured Person's Attempted Withdrawal of Disability Application Rejected Due to Prejudice to Third-Party Interests
Cited as the primary legal basis governing the renunciation of benefits, which is relevant to the appeal regarding the request to withdraw the AI application.
A/1574/2019 · ge (Art. 23 LPGA)
Insured Recalculation of Disability Pension Based on Pre-Disability Employment Status and Subsequent Total Incapacity Ruling
This article is not explicitly cited in the operative part.
A/1574/2019 · ge (art. 23 LPGA)
Insured Recalculation of Disability Pension Based on Pre-Disability Employment Status and Subsequent Total Incapacity Ruling
This article is not explicitly cited in the operative part.