When an INSS taxpayer is imprisoned in a closed regime, his dependents are liable to receive the aid-imprisonment. This is a measure of the Social Security System so that the prisoner’s family does not become helpless. Despite being seen as a controversial guarantee, the aid aims to assist the prisoner’s family for as long as he is in prison.
Much of the misconception expressed in the opinions is generated by lack of information. Some do not know how much the aid is estimated, while others do not know who can actually exercise this right. The most common mistake is to think that the prison aid is enjoyed by the prisoner himself.
It is necessary that a series of prerequisites be obeyed for the authorization of this benefit provided for by law to occur, such as contribution time and maximum ceiling. Norms also apply to the nature of family relationships themselves.
What this article covers:
How does the prison aid work?
The social security benefit has a calculated value and a specific duration. The value of the aid, in practice, is similar to that of a disability pension. But, this only occurs if the prisoner has a salary below, or equal to, R$ 1,503.25 (the INSS adjusts values annually).
The value of the reclusion aid always corresponds to the minimum wage of the current year in which the closed regime occurs. Therefore, it is important to differentiate values. The adjusted value is to determine the low-income condition of the insured person. The current minimum wage is the amount of assistance that the family receives monthly.
The deadline for the family to start enjoying the prison aid is up to 90 days after the arrest. It is also worth noting that the benefit works regardless of whether the prisoner performs any work while inmate.
What do I need to receive prison aid?
One of the criteria for the family to receive the aid is the regime in which the prisoner is. The benefit is only guaranteed when the regime is closed, of total seclusion. It is not possible to have assistance in cases of semi-open, open or detention regimes.
This criterion is a non-negotiable condition. The moment the prisoner leaves prison, whether on the occasion of escape, freedom or change to any other regime, the prison aid is suspended.
The family members who fit the criteria to receive the aid are: spouse (husband, wife, partner or partner), children and non-emancipated siblings, under 21 years of age. Parents are also included. In the event that a relative between parents, spouse, children and siblings is disabled, there is also the right to benefit.
As far as documentation is concerned, you need to gather:
- Document with photo of the prisoner and family members receiving the aid
- Employment card or document proving the link with the INSS
- Declaration of imprisonment, which is in charge of the prison unit itself and which must be updated every three months
- Documents declaring the dependency relationship (birth certificate, marriage certificate, joint account documents)
If any of these documents are missing, it will not be possible for the family to receive the reclusion aid.
Who has never worked with a formal contract is entitled to aid-seclusion?
It is possible that the prisoner’s family will benefit, even if he has never worked with a formal contract. However, this does not mean that the benefit will be received without proof of payment of the contribution.
In addition to the signed portfolio, there are other documents whose function is to prove the contribution, such as the INSS contribution collection booklet. The important thing is to understand that the benefit is not established by the type of document, but by the fact that the prisoner has contributed.
Contribution time also counts for aid to be allowed. It is only possible to guarantee the aid if the prisoner has already completed 24 months of contribution. This without neglecting the low-income criterion. Finally, if the prisoner already has any other social security benefit, it is not possible for the family to receive the prison aid.
The controversies behind the prison aid can be reduced once it is understood who the real recipients of this benefit are. It is also worth remembering how difficult the requirements for requesting and receiving are to be met. In other words, real obstacles so that only needy families can receive it.