The Benefit of Continuous Provision (BPC) is a social program that aims to offer help to people in a vulnerable situation such as the elderly and people with some type of disability, but there is a great doubt among the population about which would be the diseases that give the right to it. Because of this, we have prepared an article to address this issue regarding the Continuous Provision Benefit (BPC).
What this article covers:
After all, what is BPC?
The Benefit of Continuous Provision (BPC) is a social assistance service in Brazil that is mentioned in article 20 of the Organic Law of Social Assistance as a monthly minimum wage guarantee for all disabled and elderly people aged 65 or over who can prove that they have no means of supporting themselves or being supplied by anyone.
There is no need for a contribution to the INSS by the natural person, because the granting of social support is subject to two essential requirements to be entitled to the Benefit of Continuous Provision (BPC):
Regarding the elderly, in addition to having to be 65 years old or older, it is necessary that the income per person in their family group (residents of the same household) is less than 1/4 of the current minimum wage. As for those with some type of disability, whether physical, mental, intellectual or sensory, it is also necessary that the income per person in their family group (residents of the same household) is less than 1/4 of the current minimum wage.
Through the Cadastro Único (CadÚnico) the income of family members is verified. Because of this, he must keep up to date, in addition to presenting the CPF of all family members.
The Continuous Provision Benefit (BPC) is not a lifetime action, that is, it needs to be reviewed every two years. It is worth noting that the 13th is not paid and that no death pension is left. There is a cut in the Benefit of Continued Provision (BPC) in the event of the death of the favored person.
What are the socioeconomic requirements?
The main requirement established by the Organic Law of Social Assistance (LOAS) for receiving the Continued Benefit was the individual income of each person in the family group being less than 1/4 of the current minimum wage.
However, in mid-2020, due to the Covid-19 pandemic, which, in an immediate and alarming way, became responsible for taking Brazil into a state of public calamity, Law No. 13,982 was published.
In this new decision, the individual income criterion of the family group is made more flexible, and may be increased by up to 1/2 of the minimum wage at the level of gradual scales.
It is worth remembering that the Continued Benefit Benefit (BPC) is allowed for more than one family member. It is only necessary to respect the necessary attributes for your order.
Which diseases entitle to BPC/LOAS?
So far, there is not a specific list of all the diseases that are guaranteed to the Benefit of Continued Benefit (BPC).
According to the specificities of the Organic Law of Social Assistance (LOAS), it has nothing to do with the incapacity of those who favor themselves. The sole aim is to help the elderly and disabled on the margins of society in a precarious situation of poverty as well as need.
However, an individual who suffered from some type of illness that developed into a state of deference within a period of 2 years can apply for the Continued Cash Benefit (BPC), of course, if he meets the mandatory requirement of socioeconomic status.
In addition, one cannot forget that proof of the disability must be through certificates, exams, reports and medical reports at the time of the INSS expertise, otherwise the request for the Continued Benefit (BPC) will not be accepted.
There are some illnesses that are considered disabilities by law and that, consequently, may later entitle you to the Provision Benefit (BPC). Are they:
Recently considered by Law n° 14.126/2021 as a sensory impairment, monocular vision is a disease in which a person is blind in one eye.
Justice was divided, until now, between favorable and unfavorable decisions regarding the classification of monocular vision as a sensory impairment. Today, there is no doubt about that. It is only necessary that all the other essential conditions for obtaining the Continuous Cash Benefit (BPC) are proven.
If you are in an advanced stage of the disease or in a way that has irreversible sequelae due to the oncological treatment, you can apply for the Continuing Provision Benefit (BPC).
As long as you can prove the relationship between your health and your inability to provide for your own support, as well as proof of your state of social vulnerability.
ASD – AUTISM SPECTRUM DISORDER
According to Law No. 12.764/2012 present in its Article 1º § 2º, autistic people are considered as disabled people. As a result, they have become eligible for receiving the Benefit of Continued Provision (BPC), if they meet the other necessary attributions, of course.
There is the possibility that an autistic person will not be able to enter into a situation of social risk because he or she has exceeded the monthly income per person in the family group, which must be less than 1 ⁄ 4 of the minimum wage, however, in this case, this can happen on account of extra expenses with special food, various medical consultations, medicines and so on.
For this type of situation, the applicant for the Continued Benefit (BPC) can prove the surpluses caused by your expenses.
How to apply for BPC with the INSS?
In order to request the Continued Benefit Benefit (BPC) with the addition of the INNS, you, as the applicant, and the members of the household must be registered in the Single Registry (CadÚnico). For this, it is necessary to go to a (Reference and Assistance Center (CRAS) closest to you with the documents for registration in the Single Registry (CadÚnico) such as RG and CPF and the electoral title – for those who are over 18 years old .
After that, the request for the Continued Benefit Benefit (BPC) can be made at MEU INSS. Pay attention to the information that refers to medical expertise, because this step is very important for granting the request.