Do you know someone who is 65 years old and cannot live on their own? So keep reading that today I will talk about welfare benefit of the INSS.
Created through the Organic Law of Social Assistance (Law nº 8.742/93), the so-called Continuing Provision Benefit (BPC/LOAS), is one of the rights that low-income people have.
Perhaps you have already applied for the BPC/LOAS for a relative and had the application rejected, or you are still organizing yourself to make the initial application.
Whatever the situation, I’ve separated some tips to help you grant this benefit.
Follow the content until the end and be better prepared for that moment.
1- Check what are the requirements for the BPC/LOAS
The benefit is intended for the elderly from 65 years old, provided that prove that you do not have the means to provide for your own subsistence or be helped by family members.
Confused about what is this? do not worry, I explain!
The welfare law defined that the BPC was created with the aim of supporting citizens who find themselves in what we call state of poverty or need.
This is a person who cannot support herself with decent living conditions, and who has no one for her.
In addition to these conditions, you must:
- Prove monthly family income below ¼ of the minimum wage for each member;
- Be enrolled in CadÚnico, both the applicant for the benefit and the other members of the family group;
- Not receiving any other benefit from the INSS.
Important to mention that:
In addition to proving family income through documents, the INSS carries out an assessment of the family group through social workers from the CRAS (Reference Center for Social Assistance), to verify the state of poverty or need.
2- Check your family group and the maximum income allowed
The family group is composed of the spouse or partner, stepchildren or minors (provided they are single), parents and single siblings. Everyone must live under the same roof.
As we have seen, one of the requirements to be observed when applying for the BPC/LOAS for the elderly is the maximum income allowed for the family group. On this point, we have some changes made by law:
Previously the law that instituted the assistance benefit (Law nº 8.742/93) defined that the per capita income (for each member of the group) should be below ¼ of the minimum wage.
To give you an idea, considering the value of the minimum wage for 2023, which is R$1,320.00, each family member should receive less than R$330.00 (1/4 of the minimum wage).
But over time this requirement has been questioned, after all, it is complicated to assess a person’s poverty and need only by financial analysis, as the social condition must also be observed.
In this scenario, on June 22, 2021, the Federal Government sanctioned the Lei nº 14,176 which expanded the income criteria for granting the continuous benefit benefit.
From the new lawper capita income can be equal to ¼ of the minimum wage. In exceptional cases, income can reach quite minimum wage.
What is considered an exceptional case?
In some specific situations, in addition to the criteria already mentioned, family budget spending on medical expenses, use of diapers, caregivers, special food and medication for the elderly is analyzed.
3- Keep CadÚnico updated
The CadÚnico (Cadastro Único) is a set of information on Brazilian families in poverty and can be done at a CRAS unit closest to your region.
According to the information contained on the website of the Federal Governmentit is not necessary for all family members to be on site for registration.
A person over 16 years of age can register their entire family and will be responsible for the family unit in the CadÚnico.
See the documents required for enrollment in CadÚnico:
- Responsible for the family unit: CPF or voter registration card.
- Other members must present one of these: CPF, RG, voter registration card, work card, birth certificate or marriage certificate.
Non-mandatory documents that may help with registration:
- Proof of residence.
- Proof of school enrollment for children and young people up to 17 years old.
All members of the family group must be in CadÚnico and have their information updated every 2 years.
4- It is not necessary to have made contributions to Social Security
That’s right. there is no need for citizens to contribute to the INSS to request the assistance benefit. This is the main difference between the BPC and other existing pensions.
Precisely because it is not a retirement, the beneficiary of the BPC does not receive the 13th salary and, if he dies, does not entitle his dependents to apply for a death pension.
5- What is the value of the assistance benefit?
The assistance benefit corresponds to the value of the minimum wage in effect on the date of payment. Currently, its value is R$ 1,320.00.
6- Understand the step-by-step process from the request to the receipt of the BPC/LOAS
Initially, before applying for the benefit, the entire family group of the elderly person must be registered in CadÚnico, as explained above.
Once this is done, the applicant will apply for the BPC/LOAS through the website or application MY INSS, a procedure that we call an administrative request.
See which are the essential documents for the administrative request for the assistance benefit.
Requester:
- Identity document (RG) and CPF;
- Proof of updated address;
- Proof of enrollment in CadÚnico;
- Proof of spending on medication, diapers, caregivers, etc. (if applicable).
Other members of the family group:
- Identity document (RG) and CPF;
- Birth or marriage certificate;
- Proof of school enrollment (for young people up to 17 years old).
It is possible to count on the help of a specialist lawyer to file the administrative request of the BPC with the INSS.
In this case, in addition to the aforementioned documentation, it will be necessary to have a letter of attorney to the legal representative, who will be the lawyer.
After submitting the application for the benefit, the applicant must keep track of his request, all through his registration in MY INSS.
I say this because the Social Security body often requires some complementary document, for these reasons, it is important to be attentive.
7- What is the possibility of revision and cessation of the assistance benefit?
By law, the BPC/LOAS may be revised by the INSS every 2 years, with the purpose of verifying whether the elderly person is still entitled to grant the benefit.
If the overcoming of financial and social conditions is confirmed or the death of the beneficiary, the BPC will automatically cease.
After the change of the INSS to the digital medium, all requests regarding benefits and retirements are made through the MEU INSS portal.
What was synonymous with ease for some, can be a real nightmare for others, and I know this because every day I assist people who experience countless difficulties in entering their orders, especially the elderly.
When we talk about the assistance benefit, this difficulty can be even greater!
As it is an aid intended for low-income people, all socioeconomic information of the family group is verified, and the lack of any item in the documentation can certainly cause a rejection.
fetch a attorney specializing in civil law can be an advantageous choice for the following reasons:
1st – it will assess whether the elderly person really meets the requirements for granting the BPC/LOAS, so as to avoid wasting time and resources;
2nd – guidance throughout the organization of the documents, only then starting the administrative request with everything OK;
3 – if the administrative request is rejected, the lawyer may appeal the decision through the courts.
If the process is favorable in the Federal Court, in addition to the implementation of the monthly benefit, all retroactive amounts will be paid from the date of the initial application.
The Continuous Provision Benefit is a real help for thousands of people in our country, so it never hurts to bring valuable tips that will contribute to the citizen.
I have been working with INSS claims for more than 11 years, with numerous grants of assistance benefits to my clients.
Do you want assistance? Click here and let’s talk!
