Sickness Allowance: Know who can receive it through the INSS during a period away In a country with a high unemployment rate and a growing number of people migrating to informality, it is common for doubts to arise regarding social security rights for those who had to stop contributing to the INSS (National Institute of Social Security).
According to the legislation, unemployed people who have already contributed to Social Security may be entitled to the temporary disability benefit, formerly sickness benefit, and retirement. In the case of assistance, it is necessary to be in the so-called grace period, in which the worker maintains Social Security coverage even without paying contributions.
WHO CAN RECEIVE SICKNESS AID?
Temporary incapacity aid is paid by the INSS for insured persons who are temporarily unable to work for more than 15 consecutive days or within a period of 60 days. Leave of up to 15 days is paid by the employer, for those who work with a formal contract. The request for the benefit can be made through the Meu INSS application or website.
The inability to work may be due to an accident or illness. Rômulo Saraiva, a lawyer specializing in Social Security and a columnist for Folha, explains that, in order to be entitled to sickness benefit from the INSS, one must be considered insured at the time the incapacity occurred.
According to the INSS, regular taxpayers (employees, optional or individual taxpayers, among others), people who receive some type of social security benefit, or who are in the grace period, are eligible for the insured status.
The grace period is the number of months in which the worker continues to be entitled to social security coverage even without paying the INSS.
SEE HOW LONG THE UNEMPLOYED KEEP THE RIGHT TO THE INSS
Workers who lost their jobs can continue to contribute to the INSS as optional, if they are not exercising professional activity as a self-employed person. If you have not paid any contributions, you must check whether you are in the grace period.
In this case, the professional is entitled to social security benefits for a period of three months to up to three years, depending on the type of contribution made and how long he paid the INSS.
UNDERSTAND THE FREE PERIOD
– There is no time limit while the citizen is receiving social security benefits, such as sick pay and disability retirement
– Up to 12 months after the end of the disability benefit (for example, sickness benefit), maternity salary or the last payment made to the INSS when you stop exercising paid activity (employee, freelance worker, among others) or are suspended or on leave without remuneration Up to 12 months after the end of segregation, for citizens suffering from compulsory segregation disease Up to 12 months after the release of the citizen who had been detained or arrested
– Up to three months after licensing for citizens incorporated into the Armed Forces to perform military service
– Up to six months from the last payment made to the INSS in the case of people who pay under the condition of optional Plus six months in the case of the optionally insured and who last received maternity salary or disability benefit Up to 36 months for those with more than 120 contributions -or ten years of payments- to the INSS
LOSS OF INSURANCE QUALITY
According to the INSS, when the grace period ends and, if there is no contribution, the insured loses the right to social security benefits. In this case, the taxpayer is no longer protected. If, after the end of the grace period, she contributes again, it will be necessary to respect a grace period.
“In the event of loss of insured status, for the purposes of granting, for example, sickness or disability retirement benefits, the insured person must have, from the date of the new Social Security affiliation, half of the grace period”, says Saraiva .
As the grace period for the temporary disability benefit is 12 months, in this case, the insured person would need to pay another six months to be protected.
UNDERSTAND THE GRACE PERIOD
– When the grace period ends, the worker loses the quality of insured
– If this happens, it is necessary to comply with a grace period, that is, it is necessary to pay the INSS for a while longer to have social security coverage again
– Payments can be made via GPS (Guia da Previdência Social), however, they do not entitle to all benefits immediately These new collection periods will be considered in the total calculation of retirement
– The specialist explains that, in the case of disability benefits due to an accident, the concession can be made regardless of the deficiency.
IS IT POSSIBLE TO ASK FOR RETIREMENT IF I AM NO LONGER CONTRIBUTING?
For those who have worked with a formal contract and are now unemployed, there are cases in which it is possible to apply for retirement. According to Saraiva, to have programmable benefits, such as retirement by age or contribution time, they are released even if the insured person is not working. Just meet the minimum conditions.
It is also possible to apply for retirement of the person with a disability or special retirement, even if, on the date of entry of the application, the person is not up to date with contributions. In order to have the right guaranteed, however, it is necessary to respect some specific requirements, depending on the type of retirement.
“Special retirement requires a form showing that you worked in an unhealthy or dangerous activity. Retirement of the person with a disability requires proof of the severity and duration of the disability. Retirement by age must have the minimum age”.