Unemployed persons may be entitled to sick pay and retirement from the INSS; check the rules

In a country with a high unemployment rate and with a growing volume of people migrating to informality, it is common to have doubts about the 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 benefit for temporary incapacity, former sick pay, 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.

For retirement, it is necessary to meet the minimum requirements to apply for the benefit, such as age and contribution time.

Who can receive sick pay?

Temporary disability assistance is paid by the INSS to insured persons who are temporarily unable to work for more than 15 consecutive days or within a period of 60 days. Leaves of up to 15 days are paid by the employer, for those who work with a formal contract. The request to have the benefit can be made through the My INSS app or website.

The inability to work may be due to accident or illness. Rômulo Saraiva, a lawyer specializing in Social Security and a columnist for Sheetexplains that, in order to be entitled to INSS sick pay, it is necessary to be considered insured at the time the incapacity occurred.

According to the INSS, regular contributors (employees, optional or individual contributors, among others), people who receive some type of social security benefit, or who are in the grace period, fit in the quality of insured.

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 maintain the right to the INSS

Workers who lost their jobs can continue to contribute to the INSS as optional, if they are not exercising their professional activity as self-employed. If you have not paid any contributions, you need to see if 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 the INSS has been paid.

Understand the grace 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, sick pay), maternity salary or the last payment made to the INSS when you stop exercising paid activity (employee, independent worker, among others) or are suspended or on leave without pay
• Up to 12 months after ending segregation, for citizens suffering from a disease of compulsory segregation
• Up to 12 months after the release of the citizen who had been arrested or imprisoned
• Up to three months after licensing for the citizen 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 as optional
• Six more months in the case of the optional insured and who last received maternity pay or disability benefit
• Up to 36 months for those who have more than 120 contributions —or ten years of payments— to the INSS

Loss of insured status

According to the INSS, at the end of the grace period 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 the quality of insured, for the purposes of granting, for example, sickness benefits or disability retirement, the insured must have, from the date of the new affiliation to Social Security, half of the grace period”, says Saraiva .

As the grace period for the temporary disability benefit is 12 months, in this case, the insured would need to pay another six months to be protected.

Understand the grace period

• When the grace period ends, the worker loses the status of insured
• If this happens, it is necessary to fulfill 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 (Social Security Guide), however, they do not entitle you to all benefits immediately
• These new collection periods will be considered in the total retirement calculation.

The specialist explains that, in the case of disability benefits due to an accident, the concession can be made regardless of the grace period.

Is it possible to apply 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 request retirement. According to Saraiva, in order to have programmable benefits, such as pensions based on 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 a disability pension or special pension, even if, on the date of application, the person is not up to date with contributions. 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 evidencing that you have worked in an unhealthy or hazardous activity. Retirement of a person with a disability needs proof of the severity and duration of the disability. Retirement by age needs to have a minimum age”.