check out the myths and truths – Mix Vale

2023-08-14 18:46:36

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INSS Reclusion Aid: check out the myths and truths The Inclusion Aid is usually one of the most controversial benefits of the INSS. Surely you’ve heard or read some news about this benefit and may even have been shocked by it. Did I get it right?

However, controversies usually revolve around fake news or misinterpretations of this benefit. And this incorrect information ends up spreading on social networks, messaging apps, conversation circles, among others. And in the end, many people end up disclosing an untruth, without checking whether or not the information is correct.

For this reason, we list here 5 myths and truths about the Reclusion Aid What you need to know to never get carried away by fake news again.

Check out!

How does the Reclusion Aid work?

The Reclusion Aid is a social security benefit due to the dependents of the low-income insured person who is in prison, aiming to guarantee the maintenance and survival of these dependents during the period in which the insured person is imprisoned and unable to provide this support. This benefit was created through the law 8213, of June 24, 1991.

the recluse insured cannot be receiving a salary or any other benefit from INSS (because, in that case, he would still be able to support his dependents).

Now that we understand what this benefit means, let’s check the facts that we separated about the INSS Reclusion Aid.

1st – Who receives the Reclusion Aid is the prisoner?

This is one of the main mistakes made by a large part of the population. Contrary to many news published on social networks, the benefit is NOT paid or owed to the prisoner.

As seen above, who are entitled to the Reclusion Aid are the dependents. That is, those who depend on the insured to maintain their survival.

Thus, if, for example, the recluse insured does not have any dependents, there will be no payment of this aid.

Therefore, the purpose of this benefit is not to support the prisoner, but to protect their dependents, who end up in a vulnerable situation.

2nd – Will the dependents of any prisoner receive the Reclusion Aid?

Again, contrary to what many think, this is not true. It is estimated that dependents of less than 10% of the prison population is entitled to Reclusion Aid.

Thus, in terms of percentage, it appears that this aid is not paid to many people, on the contrary. This is because the law brings numerous requirements for granting this benefit.

In this way, we will know what are the requirements of the Reclusion Aid.

First, for dependents to be entitled to the benefit, the insured person must be imprisoned in a closed regime. In other words, the dependents of insured persons imprisoned in open or semi-open regime will not be entitled to this benefit.

Furthermore, it is required that the insured inmate be of low income. Since 2019, to assess low income, the INSS calculates the average of the last 12 contribution salaries of the inmate insured person, and this average must be less than R$ 1,425.56 (updated value for 2020).

Before 2019, low income was verified only based on the insured person’s last remuneration.

Another requirement is the lack of 24 months, that is, the insured person who was arrested must have at least 24 months of contribution to the INSS so that his dependents can be entitled to the benefit.

Last but not least, the term “insured inmate” is not used for nothing. This is because it is necessary that the prisoner be INSS insured at the time of arrest, that is, you are contributing to the INSS or have contributed in the last few months before arrest.

In this way, only dependents of the prisoner who is insured by the INSS and meets all the requirements may be entitled to the benefit.

3º – What is the value of the Reclusion Aid?

There is a lot of misinformation about the real value of this benefit. And, they are not necessarily fake news, in fact many of them are due to a misinterpretation of the legislation.

First, we can already point out that since November 2019, with the enactment of the Social Security Reformthe value of the Reclusion Aid benefit was limited to the minimum wage.

That is, the dependents of the insured person who is incarcerated after 11/12/2019 will only receive a minimum wage.

Before that, the value of the benefit was calculated based on the average of the 80% highest wages contributed by the insured person, existing since 07/1994. That is, the value of the benefit basically depended on the wages that the insured person received while he was working and contributing to the social Security.

For dependents of insured persons in prison before 11/12/2019, this form of calculation is still valid. Thus, those who are already receiving the benefit will not have the reduced benefit.

As you can see, contrary to many news circulating around, there was no fixed amount paid as Reclusion Aid. On the contrary, the value of the benefit was different in each case, always depending on the value of the insured person’s contributions.

4th – Is the cost of the Reclusion Aid for the public coffers too high?

Contrary to what many think, the Reclusion Aid is far from being responsible for the Social Security deficit or for any leak in the public coffers.

According to data collected by Open Accounts NGOin 2017 the Reclusion Allowance represented only about 0.1% of the total benefit paid by Social Security.

Still, it is estimated that the dependents of about 7% of the prison population receive this benefit.

Another interesting fact here is that the vast majority of benefits are granted because of female prisoners. It is estimated that only 2% of the male prison population is entitled to Reclusion Allowance for their dependents.

In this way, without considering whether the benefit is “good” or not, the data demonstrate that we cannot hold the Reclusion Aid responsible for any deficit.

5th – The more dependents, the greater the value of the benefit?

Although much is heard about it, the information is false. O The value of the Reclusion Aid is only one and will be shared equally among the dependents.

In this way, even if the insured person has 5 children, the value of the benefit will remain the same.

Regarding the value, as seen in item 3, after the Social Security Reform the value of the Reclusion Aid will always be 1 minimum wage. Even if there is more than one dependent, the amount remains a minimum wage and will be shared equally for each dependent.

Do not spread false information

As it was possible to see, there is a lot of incorrect information circulating about this benefit. And, I bet at least one of them you must have heard.

Regardless of whether or not you agree with this benefit or its concession, when you hear or read something about this benefit, try to verify that that information is really true before sharing it on social networks or in conversation circles.

It is very important to be well informed and always check the information. Don’t fall for fake news.

To find out more information about the Seclusion Allowance and how to forward it, visit our page about this benefit.

If the INSS denies granting any of these benefits, the insured person may appeal. In this situation it is very important to know what to do. Check out what the policyholder’s options are in case of benefit denied.

Source: Carbonera & Tomazini Advogados | Special Retirement