Government sets rules for Inclusion Assistance for the disabled

The Ministry of Labor and Welfare published in the edition of the Official Gazette of the Union this Friday (19) an ordinance that defines the rules for the payment of Inclusion Allowance to Persons with Disabilities. The benefit was created this year and began to be paid by the INSS (National Social Security Institute) in October.

In order to receive the new aid, the worker must exercise, on the date of application, a paid activity that qualifies him as insured under the RGPS (General Social Security Regime) or RGPS (Own Social Security Regime) of the Union, states or municipalities and that have monthly remuneration limited to two minimum wages (R$ 2,200).

It is also necessary that the applicant is registered in the CadÚnico (single registration of the federal government for social programs), has a regular CPF and meets the maintenance criteria of the BPC (Continued Cash Benefit), including the criteria related to monthly family income per person required to access the benefit — up to half a minimum wage (R$550).

In addition, to receive the new benefit, the applicant must be the holder of the Assistance Benefit for Persons with Disabilities suspended or terminated for less than five years from the date of request for inclusion assistance for the disabled, provided that the interruption occurred because the insured began to exercise paid activity.

In those cases of those who had the Assistance Benefit for Persons with Disabilities suspended or ceased to have a job, it will be necessary for the applicant to undergo a new evaluation to verify its compliance with the criteria of miserability.

The ordinance also establishes that the Inclusion Assistance for Persons with Disabilities does not depend on grace period. In other words, the insured does not need to make a minimum amount of contributions to be entitled to the benefit. However, the request will be rejected if the applicant is not affiliated with the RGPS, RPPS or the exercise of paid activity.

There will also be rejection when, on the date of entry of the application, the applicant has a suspended employment contract and without remuneration or if the person is on unpaid leave, “the receipt of assistance being undue during periods of absence that generate suspension or interruption of the employment contract”.

The applicant may perform more than one job, regardless of the social security system to which he is bound, as long as the sum of remunerations does not exceed the value of two minimum wages.

The text determines that the Inclusion Aid for Persons with Disabilities cannot be accumulated with the BPC, unemployment insurance and other social security benefits paid by any social security system.

The Assistance Benefit for Persons with Disabilities may be reactivated if the Inclusion Assistance for Persons with Disabilities is suspended or terminated, even in cases of suspension of the employment contract or unpaid leave. However, there will be no reactivation if the reason for the interruption was due to overcoming the deficiency or the criterion of miserability.

Another situation that causes the interruption in the payment of Inclusion Allowance to Persons with Disabilities is when the beneficiary starts to receive some benefit for temporary incapacity, such as sickness allowance or accident allowance.

Finally, the ordinance also establishes that the Inclusion Assistance for Persons with Disabilities is not subject to any contribution deduction and does not generate the right to payment of annual bonus or death pension, in addition to not being part of the basic period of calculation of benefits social security.