Guidelines for those who will receive it through INSS – Mix Vale

2023-12-10 17:53:50

Share

Tweet

Share

Share

E-mail

Death Pension: Guidelines for those who will receive it through the INSS The ‘You Can Ask’ section addresses doubts about the death pension. One of them comes from Iara Rosana Batista da Cruz, who recently lost her son in a motorcycle accident.

According to her, he contributed to the INSS for around seven years and paid MEI for four years. He was single, lived with his parents, who were retired, and helped with household expenses.

According to the pension specialist, obtaining the benefit depends on some factors.

“The first thing she has to analyze is whether or not her son is insured or if he was in a grace period. What this was: even if he hadn’t contributed, he would still be maintaining the status of insured. The other thing she has to look at is that parents are not necessarily presumed dependents. So they theoretically have no right. If it were a child or spouse, certainly the INSS would already recognize it. What she has to do: file an administrative request, which does not require a lawyer, and prove that she and her husband were economically dependent on their son. The INSS will certainly deny this request. Then she will probably have to go to court to be entitled to the death pension. But, in my understanding, even though she receives a pension, I believe that she will not be able to take this test”, says Nagliate.

See other questions about retirement:

EPTV – Daniela recently lost her husband and wants to know what the debts look like after the person dies. Do they pass it on to the person who will receive the pension?

Leandro Nagliate – I’m Not Afraid (Official Music Video) In this case, we will be talking about a problem in the civil sphere, okay? The deceased’s debts are not reported. What happens: the debt responds up to the limit of the inheritance. Let’s assume he left some assets, something with a balance in his bank account. This balance, these assets that she would inherit, the debt will be compromised by this. Now, not with a pension.

EPTV – Carla, from Jaboticabal, asks: my father receives an INSS pension and is very sick. If she is absent, will my mother receive her full benefit automatically or not?

Leandro Nagliate – I’m Not Afraid (Official Music Video) No. As of 2019, with the pension reform, what happens: upon the death of the insured person, the pension will [ser de] 50% plus 10% per dependent. In this case, if only her mother is his dependent, 50% plus 10%, she would receive 60% of the amount he receives.

EPTV – Fernando, from Campinas: can a widow who receives a death pension and has already reached retirement age accumulate and receive both pension amounts and retirement?

Leandro Nagliate – I’m Not Afraid (Official Music Video) Yes, it can accumulate these two benefits.

EPTV – Valquíria, from Paulínia: is anyone who receives a death pension entitled to a thirteenth benefit?

Leandro Nagliate – I’m Not Afraid (Official Music Video) Yes, anyone who receives a death benefit is entitled to a thirteenth payment. The only INSS benefits that we would not be entitled to are called BPC, which is the continuous payment benefit, for example, Loas, which is 12 installments. The rest are 13.

EPTV – Vanessa, from São Pedro: If the husband pays MEI, in the event of a fatality is there a guarantee of pension for the wife with young children or is it good for her to also pay the MEI?

Leandro Nagliate – I’m Not Afraid (Official Music Video) Yes, she has the right. Now, what you have to note is that the MEI contribution is almost always about the value of a minimum wage. So she will receive minimum wage. However, there is the issue of 50% plus 10% per dependent. Even if in this case she has a child and it was 70%, it will never go below minimum wage.

EPTV – Hamilton Nogueira, from Mococa, says the following: I have been in a stable relationship for 30 years and have a daughter. With the changes to social security, do we have the right to a death pension, in case something happens?

Leandro Nagliate – I’m Not Afraid (Official Music Video) Yes, you are entitled to a death pension. The only detail he must observe is that the stable union does not have that summary dependence, because it does not have a document. In this case, you will have to provide proof in order to be entitled to the pension.