INSS reclusion aid has new values; see who is entitled

The increase in the minimum wage, from BRL 1,212 to BRL 1,302 in 2023, changes the value of the prison allowance. In addition, the income limit for entitlement to the benefit was readjusted by 5.93%, which corresponds to the 2022 inflation measured by the INPC (National Consumer Price Index).

The benefit is paid to the dependents of a prisoner in a closed regime who has a low income and is insured by the INSS (National Social Security Institute), that is, who had their contributions up to date or during the period in which they were still entitled to pension coverage.

According to inter-ministerial ordinance No. 26, published in the Official Gazette of January 10 of this year, the INSS now uses the amount of R$ 1,754.18 as the monthly gross income limit for the insured person.

“The measurement of the gross monthly income for classifying the insured person as low-income will occur by the average of the contribution wages calculated in the period of the 12 months prior to the month of imprisonment, corrected by the same readjustment indices applied to the benefits of the General Pension System Social – RGPS”, says the document.

The low-income criterion can be questioned in court, which may consider that there is a right, even if the insured person has a salary above that allowed by the INSS. According to the Ingrácio Advocacia office, the judge will take into account the social aspects that the prisoner and his family experience. “If the family’s social misery is verified, the low-income requirement is made more flexible and ‘ceases to exist’.”

Who is entitled to the benefit

In order for their dependents to receive the prison aid, the insured person cannot be receiving any type of work remuneration or benefit from the INSS.

If you were arrested after June 18, 2019, the insured person must have contributed for 24 months to the INSS, regardless of the form of contribution.

There is no deadline to apply for the benefit. Even if the insured person asks months or years after being arrested, the prison aid will be paid from the date of arrest.

For how long the benefit is paid

The prison aid is paid while the insured person is imprisoned in a closed regime (or in a semi-open regime if the arrest occurred until 06/17/2019). If you escape from prison, the benefit is suspended.

The aid also ceases to be paid:

• for the death of the dependent or the insured person arrested;
• for the child, the person equivalent to him or the brother, of both sexes, when he turns 21 years old, unless he is disabled or has an intellectual or mental disability or serious disability
• for a disabled child or brother, for the end of disability;
• for a child or sibling who has an intellectual or mental disability or a serious disability, by removing the disability;
• for the dependent who is criminally convicted with final judgment as author, co-author or who helped to execute or attempt a felony (with intent to kill) against the arrested insured person, except for minors under 16 years of age or those with a mental disability that prevents them from expressing your will.
• for spouse or partner, in specific cases

What are the requirements to be entitled to the aid-imprisonment?

• Prove the arrest of the insured
• Prisoner insured status
• have dependents
• Insured arrested being low-income
• Insured must not receive any category of remuneration or sickness benefit, pension for death, maternity pay, retirement or allowance for permanence in service
• Insured must have completed a minimum grace period of 24 months for arrests occurring from 06/18/2019 (there is no grace period for arrests occurring before this date)