See who will receive INSS arrears until the end of 2022

Insureds who defeated the INSS (National Social Security Institute) in court in actions for granting or reviewing benefits are entitled to receive the arrears. The release of the money is made according to the date of the payment order issued by the judge and the amount to be paid.

Beneficiaries entitled to an RPV (Small Value Requisition) receive within two months, which is an arrear limited to 60 salaries (R$ 72,720 this year). The precatories – judicial debts above 60 minimum wages – are paid once a year, according to the federal budget.

In 2022, the money from the precatories will be released in July and should fall into the account of the insured or their lawyers between the end of July and the beginning of August. With the PEC (Proposed Amendment to the Constitution) of the Precatórios, the government will no longer pay 25% of the amount scheduled for this year.

Who will receive precatory in 2022?

The insured who had the precatory released by the judge between July 2, 2020 and July 1, 2021 must receive in this batch. However, as the money to pay arrears above 60 minimum wages will be less, even those who were in list of 2022 can be without the values.

According to the CJF (Council of Federal Justice) and the five TRFs (Regional Federal Courts) consulted by the Sheet, the order of priority established by the PEC of Precatórios will be respected and the information on who will receive it will be released in July. The CJF transfers the money and the courts pay the creditors.

Priority must be given to food precatories with a limit of up to three times the ceiling of RPvs (Small Value Requisitions) for beneficiaries over 60 years of age or with a disability or serious illness, which amounts to R$ 218,160 this year.

Afterwards, the other precatories of a food nature will be paid, also limited to up to three times the value of the RPV of 2022, which gives 180 minimum wages. In third place come the other alimony debts and, in the sequence, the other precatories.

Late up to 60 salaries leave early

Those who receive by RPV have the amount deposited by the court of origin within 60 days after the judge’s payment order (step also called a. Initially, the magistrate orders the money to be paid after the total defeat of the INSS, without there being any possibility of resource.

Afterwards, the CJF releases the amounts to the TRFs, who pass them on to the creditors. In general, cases released by the judge in one month have the money authorized by the CJF in the other month. The TRFs, in turn, receive the amount, begin processing and make the payment between the end of one month and the beginning of another.

Those who had the RPV released in May by the judge, for example, will receive it soon. In all, R$ 1.6 billion was earmarked for payment across the country.

See the calendar of INSS RPVs in 2022

*The exact date varies depending on the court where the case was heard. Each court has its own timelines.

Consultation is done on the internet

The query to find out if you will receive precatory or RPV in 2022 must be made on the TRF website of the region in which the process took place. You must have the insured person’s CPF number or the lawyer’s OAB (Brazilian Bar Association).

When making the query, it is necessary to observe what is written. For precatories, the acronym is PRC. Also, the date of the judge’s payment order must be between July 2, 2020 and July 1, 2021. In the case of RPVs, it will be written RPV. There needs to be a date in a month of 2022.

When the amounts are released for withdrawal, the query will appear “total payment”, with the information of the court, total deposited and financial institution of the deposit, which can be Banco do Brasil or Caixa Econômica Federal.

It is also possible to consult the list of precatories payments scheduled for 2022 on the CMO (Mixed Budget Committee) website, but having the precatory on this list is no longer a guarantee of receipt. On the right side of the screen, go to “LOA 2022 Precatórios”, in blue. Then go to the court that ordered the payment. To find your precatory, use the “find” tool and search for the number.