Aid lost due to employment can be recovered after dismissal

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One of the rules for receiving Emergency Aid amounts is that the citizen is not working. As a result, those who started to have a job during the payment of the benefit had their transfers interrupted. However, a court decision set a precedent and now the Theaid can be recovered after dismissal.

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Payment of Emergency Aid for those who have been fired

A woman who was receiving Emergency Aid had her payment interrupted because she started an employment relationship. She was fired soon after and filed a lawsuit to receive the benefit again and obtained authorization to receive the residual installments.

The case was judged by the Regional Standardization Panel (TRU) of the Special Federal Courts of the 4th Region on August 19th. The applicant formally worked between October and November 2020, which is why she did not have access to the December 2020 or 2021 installments.

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After an unfavorable decision in the 1st Appellate Panel of Paraná, the woman filed an appeal, but it was also denied. After that, it decided to appeal to the TRU, showing a decision of the 5th Appellate Panel of Rio Grande do Sul previously taken in a different sense.

  • provisional measures

According to the author of the request, Provisional Measure nº 1.000/2020 actually prevents the payment of residual installments for those who obtained a social security benefit or formal employment after receiving the Emergency Aid, however, Measure 1,039/2021 authorizes the payment of the 2021 installments to eligible beneficiaries in December 2020.

Precedent-setting can benefit more people

In the legal field, the precedent refers to a judicial decision taken in a case that can serve as an example for other judgments and, in this way, way, favor certain similar decisions, as in this case of the citizen who obtained permission to receive the remaining installments of the Aid Emergency.

Therefore, other people who went through the same situation, that is, who started working in a formal job during the period of transfers and had the benefit cut, but lost the job afterwards, you can file a request to try to receive the others installments.

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