Is the pension for life? When do children stop receiving?

The duration of death benefit it is defined according to the time of contribution of the deceased person and the age of the family members. There is an order referring to the so-called “main dependent”, which puts the partner in first place, followed by the children and parents. Follow this article and better understand the rules of this benefit.

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Death Benefit – What is it?

The death pension is a benefit provided for in the Federal Constitution in its article nº 201. This is an amount paid to dependents of deceased insured persons of the National Social Security Institute (INSS), whose purpose is to protect the taxpayer's family after his death. In this way, it works as if it were a replacement of the salary or benefit of the person who died.

Who has the right?

In order to be entitled to the benefit, the INSS does not require a grace period, that is, a minimum contribution time, but it is necessary that the deceased person was insured on the date of death. Regarding who receives the benefit, there is a division into classes that stipulates the order of dependents. Check it out below.

  • Class 1 – Spouse, partner, non-emancipated children, minors under 21 years of age or legally declared invalids;
  • Class 2 - The parents;
  • Class 3 – Non-emancipated brother, under 21 years of age or who is legally declared invalid.

The economic dependence of people in class 1 is presumed, while that of the others must be proven. That is, those who are classified as class 1 dependents (among them, the disabled child) do not need to prove their economic dependence.

duration of pension

New deadlines were established in relation to the receipt of death pension by spouses or partners. Thus, for deaths occurring from January 2021, the duration of the benefit occurs according to the following age groups:

  • Under 22 years of age: will receive the pension for a period of three years;
  • Between 22 and 27 years of age: they will receive the pension for six years;
  • Between 28 and 30 years old: they will receive the pension for 10 years;
  • Between 31 and 41 years of age: they will receive the pension for 15 years;
  • Between 42 and 44 years old: they will receive the pension for 20 years;
  • 45 years or older: in these cases, the pension will be for life.

As for dependents, the duration of the benefit will vary according to the age of the person on the date of death of the insured person and will follow the following order:

  • Under 21 years of age: will receive the pension for a period of three years;
  • Between 21 and 26 years old: they will receive the pension for six years;
  • Between 27 and 29 years old: they will receive the pension for 10 years;
  • Between 30 and 40 years of age: they will receive the pension for 15 years.

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