Questione giuridica chiave
Whether the repayment claim for child benefits paid from 1 October 2009 to 30 September 2010 was time-barred under Art. 25 LPGA.
Decisione estratta
The one-year limitation period began only with each monthly overpayment, so the repayment claim for that period was not time-barred when the decision of 30 September 2010 was issued.
Motivazione estratta
The case fell within the situation already addressed in prior case law: if the insurer knows the facts before payment, the one-year period can run only once the undue periodic benefit is actually paid. An abuse of rights cannot be inferred merely because the authority seeks repayment of benefits it paid by mistake.