In some cases, the death pension can be stopped, and even canceled by the INSS. This is a reason for much insecurity among INSS pensioners. This is because the benefit is not paid for life for everyone: The death benefit has a duration that varies according to age and benefit category..
However, there are other cases, in which the opposite of what is thought, the pension can be canceled, as in some cases, new marriages do not cancel access to the benefit, for example. O INSS has specific criteria for each case.
How long does the death benefit last?
Depending on the type of insured you are, as the age you were at the date of the insured’s deathcan set the deadline for receiving the pension
For children, the pension does not follow the lifetime format, having an age for its termination as provided for by pension rules. So if the insured will receive the benefit while they are up to 21 years of age. In the case of a child of legal age with a case of disabilitythe benefit lasts for the entire duration of the disability.
In the case of spouses, there are 3 different frames that can generate the right to a pension: In marriage, in stable union and divorce with alimony. In some cases there is a maximum duration of death benefit of spouse, a term of duration, but this depends on some requirements such as Listed below:
- Relationship time: if the marriage or stable union lasted less than 2 years, the dependent will receive the pension for only 4 months;
- Time in which the deceased person contributed to the INSS before his/her death: if the person contributed for a period of less than 18 months, the dependent will also receive it for only 4 months.
Thus, if the relationship time and contribution time are higher than those listedthe duration of the benefit may vary according to the dependent’s age at the time of the partner’s death.
Age under 22 years old – duration of 3 years;
Between 22 and 27 years old – duration of 6 years;
Between 28 and 30 years – duration of 10 years;
Between 31 and 41 years old – duration of 15 years;
Between 42 and 44 years – duration of 20 years;
From 45 years – lifetime.
Situations in which the death benefit will be canceled
Some situations where pension for death may suffer interruption and even cancellation. Check out:
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- With the death of the pensioner;
- When the child turns 21 and is not disabled;
- When disability ceases for the child or sibling over 21 years of age;
- When the widower or widower completes the age established by the duration table;
- In cases where the dependent child is emancipated.
Social security emancipation is the anticipation of rights to minors under 21 years of age.