Welfare benefits in Brazil are essential for providing social protection and securing rights for workers and their families during challenging times.
This text discusses the regulations and key aspects of the General Social Welfare Regime benefits as outlined in Law No. 8.213/91.
What do pension benefits entail?
Pension benefits are payments provided by the INSS to individuals covered by the RGPS or their family members in cases like disability, old age, passing away, or maternity.
These benefits serve as an alternative source of income and are a key aspect of Social Security, guaranteeing respect for individuals.
An insured individual who experiences a work-related accident and is temporarily unable to work may qualify for temporary disability benefits.
Be sure to refer to our comprehensive guide for more information on social security in Brazil.
Who is eligible for pension benefits?
Pension benefits are designated for individuals covered by RGPS, as long as they fulfill the necessary legal criteria for each specific benefit type.
Law 8.213/91 provides a list of individuals eligible for RGPS benefits, refer to the list below for the corresponding articles.
- Workers required to make contributions include employees with a signed contract, domestic workers, individual taxpayers, and specific categories of insured workers.
- People who opt to make contributions, even if they are not engaged in paid work, such as students and homemakers (Article 13), are considered facultative insured individuals.
- Dependents are individuals who do not make contributions but receive benefits, such as death pension and reclusion aid.
The pension benefits eligibility criteria specified by Law No. 8.213/91 include general requirements.
- The insured’s quality is associated with the General Social Security Register.
- Insufficient: meeting a minimum contribution requirement for certain benefits.
- Specific circumstances such as disability or maternity will determine the eligibility for the claimed benefit.
Insured Quality under the RGPS
Insurance quality is a crucial requirement for a worker to qualify for INSS benefits.
This status is obtained by registering with RGPS, filing paperwork, and making payments.
Quality Maintenance that is covered by insurance
The period of maintaining the insured’s quality is an extension of the pension coverage, allowing the insured to keep this status for a certain period, even without making contributions, known as the grace period.
To learn more about the Grace Period and its duration, refer to our dedicated article.
What do welfare benefits include?
The primary welfare advantages offered by Law No 8.213/91 comprise:
- Retiring from work:
- Retirement based on years of service.
- Age-based retirement.
- Rural Retirement.
- Disability retirement.
- Assistance for temporary disability (sickness benefit);
- Aid for accidents
- Maternity pay.
- Family salary;
- Capital punishment.
- Grant of seclusion.
What distinguishes between welfare and welfare benefits?
Welfare and welfare benefits have distinct criteria for access and granting methods, despite both aiming to protect citizens in vulnerable situations.
These differences pertain to the connection with Social Security and the requirement for demonstrating contributions or socioeconomic status.
Pension benefits are connected to the General Social Security Regime (RGPS) and necessitate the recipient to have made contributions to the INSS beforehand.
These benefits serve as a form of support and can act as a substitute for the insured individual’s income during periods of necessity like illness, injury, childbirth, retirement, or loss of life.
Welfare benefits are a type of social protection offered by the Organic Law of Social Assistance (LOAS) to individuals facing economic hardship.
These advantages are funded by the INSS using federal government funds and do not depend on previous contributions to Social Security.
The Continuing Benefit (BPC/LOAS) is designed for individuals aged 65 and above or those with disabilities, as long as they can demonstrate that their per capita family income is less than 1/4 of the minimum wage.
Can retirement benefits build up over time?
Not all pension benefits can be accrued, as it is subject to specific rules outlined in the legislation.
To learn more about the accumulation of social benefits, refer to our dedicated article on the topic.
Do you grasp the regulations and fundamental criteria for insured individuals to obtain welfare benefits?
It is crucial to comprehend the rules and regulations in order to secure pension benefits and help clients efficiently.
Key elements in guaranteeing access to social protection as outlined in Law 8.213/91 include ensuring the quality of coverage, addressing any gaps in benefits, and having a thorough understanding of the available benefits. It is important to carefully consider the unique aspects of each situation and to develop effective strategies to advocate for the social welfare rights of clients.