The subject of this article is certainly one of the most requested subjects in general social security consultations: what is the situation of the worker who had an accident and was not paying the INSS?
The most common cases are those recently laid off who have accidents or develop a disabling disease and self-employed workers (MEI, for example) who delay payments due to financial problems. There are more serious cases, such as the person who dies in this condition of delay and the spouse who would be entitled to the pension for death starts to have the benefit relativized.
As a result of the so-called ‘period for free’, these people do not lose immediately your right to INSS assistance, that is, there is an extension of this protection (insured status) for a time. Thus, it is possible for them to reorganize themselves and return to contribute without becoming vulnerable.
In a comprehensive way, the one who is in the ‘insured capacity’ is the individual who is contributing to achieve some type of retirement and covered for risk benefits (sickness allowance, accident allowance, maternity allowance, reclusion allowance…).
So, how long can this ‘grace period’ last?
The general rule is divided between mandatory and optional taxpayers, in the first case this extension will be at least 12 months and in the second it will be 6 months.
In addition to this time of the general rule, there is the possibility of expansion. For mandatory workers (employees, individual contributors, self-employed and special insured persons), if they are 10 years old (120 contributions) or more without interruption of payment that results in the loss of the insured status, this period is extended for another 12 months, in a total of 24 months.
In addition, there is one more condition that increases the period by 12 months: involuntary unemployment. So, if the worker who lost his job has more than 10 years of INSS, he will have 36 months of grace period, if he has less, he will be entitled to 24 months.
Finally, it is It is important to note that the holder of some social security benefit already holds the status of insured , that is, the one who benefits from sickness, retirement or reclusion assistance, for example , are covered and are only included in the grace period when they have, eventually, ceased the benefit.
There is a peculiarity here: the insured person incorporated into the armed forces has 3 months of coverage after his licensing.
Guaranteed rights
The main rights guaranteed in this period as a result of incapacity for work are sick pay and disability pension. In these cases, the taxpayer must have contributed for more than 12 months, a grace period waived if the incapacity originates from an accident or work-related illness.
In the case of benefits to dependents, reclusion aid and death benefit. In the case of reclusion aid, there is a required grace period of 24 months of regular contributions, whereas the death pension does not have it.
Another existing benefit is the maternity salary, the one in which the woman does not may develop their work as a result of childbirth, non-criminal abortion or hypotheses provided for by law, adoption or judicial custody. Even for that mother who lost her job, for example, there is also this protection guaranteed in the grace period. Here, the duration rule is the same as described above: from 6 to 36 months depending on the type of contributor (compulsory or optional) and the contribution period (more or less than 10 years).
Therefore, it is essential that it is clear to the worker/taxpayer or ex-taxpayer in which of these insured hypotheses he is, so that he knows, with certainty, the time that is still protected by the INSS in case of any adversity with your health. In any case, the help of a social security lawyer will help to understand not only the application of these concepts, but will also serve to better understand each benefit to which one would be entitled in a potential difficult time and to be able to better plan your next steps in the face of adversity.
Note: This article has been indexed to our site. We do not claim legitimacy, ownership or copyright of any of the content above. To see the article at original source Click Here
Amazon Fire TV Stick HD (newest model), free and live TV, Alexa Voice Remote, smart home controls, HD streaming
$34.99 (as of February 22, 2025 20:14 GMT +00:00 - More infoProduct prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product.)
Luna Bean Hand Casting Kit – Gifts for Women and Men, Wedding Gifts, Couple Anniversary and Bridal Shower Hand Molding Kit - Crafts for Parents Kids Mom Dad Mother Father
$39.99 (as of February 22, 2025 19:40 GMT +00:00 - More infoProduct prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product.)
Wireless Lavalier Microphone for iPhone/Android, Lapel Mics with USB-C Plug-Play, Mini Mic with 2.4GHz Noise Cancellation, Charging Case Included, 300ft Range for Stream, Vlog, TikTok and YouTube
$29.99 (as of February 22, 2025 19:36 GMT +00:00 - More infoProduct prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product.)
The Rise And Fall Of A Midwest Princess
$29.46 (as of February 22, 2025 19:40 GMT +00:00 - More infoProduct prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product.)
