Does stable union entitle you to the benefit? See the criteria

Araguari, MG —

In an unusual decision, the partner of an insured National Institute of Social Security (INSS)won in the Federal Court of Londrina, the right to receive the pension for death. The couple had not consolidated their marriage, but they lived under the regiment of stable union.

The opinion was granted by the federal judge, Marcio Augusto Nascimentogives 8th Federal Court of Londrina. The judge recognized the stable union between the couple, condemning the INSS delete 50% of the value of pension for death to the deceased insured’s partner and the balance of 50% to the couple’s daughter.

The applicant kept stable union with the insured since 2011a period in which they had one daughter. Even after submitting all the documentation requested by the INSSthe institute granted the right to pension for death only to the couple’s daughter. The insured died in May 2020.

According to the judge, the witnesses’ accounts were solid and convincing enough to warrant the receipt of the death benefit. It was even established lifetime duration of the benefit, in addition to the payment of fees and monetary correction.

Who is entitled to a death benefit?

The dependency that makes up the death pension priority groups is distributed as follows:

Group 1

  • Spouse;
  • Partner (in the case of a stable union);
  • Non-emancipated child under the age of 21, who is disabled or has a mental or intellectual disability.

In this group, the economic dependence of the deceased insured is presumed. So these people are not obliged to buy that depended on the deceasedonly kinship.

It is important to explain that the minor under guardianship of the deceasedas in the case of stepsonfor example, this also equates to son and is entitled to receive the death pension from the INSS. But in this specific case, it is necessary prove financial dependence.

group 2

O second group It is composed of the parents of the deceaseda condition that requires the proof of economic dependence to be entitled to the benefit.

group 3

O third and last group is composed of unemancipated sibling of the deceased insured. To be entitled to INSS death pension in this case, the brother or sister must be under 21 years of age, disabled or have a disability. It is also necessary to prove financial dependence.

Each of the groups presented was created with a view to priority to direct dependents. Thus, in the existence of dependents of the first group, the others automatically lose the right to INSS death pension.

What is a stable union?

THE stable unionaccording to new civil codecan be considered as a relationship in which there is a coexistence between man and womanbeing her lasting and established for the purpose of establishing a family.

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In this case, it can also be considered stable union you same-sex couples, as long as they are within the composition of a family entity. They also have the same rights as couples heterosexuals.

Laura Alvarenga

Laura Alvarenga has a degree in Journalism from the Centro Universitário do Triângulo in Uberlândia – MG. She started her career in the field of communication, spent a few years working in small local print newspapers and is now pursuing a career in online journalism through the FDR portal, where she researches and produces content on economics, social rights and finance.

The article is in Portuguese

Tags: stable union entitle benefit criteria

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