The lawyer explains which benefit is paid by the INSS provided certain requirements are met
There are many doubts, but with a little research everything is cleared up quickly. For people with autism spectrum disorder, the BPC/LOAS can also be requested, a welfare benefit provided by the INSS (National Social Security Institute) to people with disabilities or low-income elderly people.
The benefit entitles you to a minimum wage (R$ 1,212.00 at the current rate) per month and there is no restriction on use, even if the intent is to improve the quality of life of the spectrum user.
According to the lawyer Tatiana Sampaiospecialist in social security law, autism spectrum disorder has been considered a disability for legal purposes since law 12.764/2012 was enacted.
“Since then, social security benefits for people with disabilities have also become a right for people with autism,” he explains.
Brazil has 2 million people with autism
There are more than 2 million people with autism in Brazil who may be eligible for the benefit, provided certain requirements are met, warns the lawyer.
“It is necessary to demonstrate through a medical report – which can be from the SUS or private – that the person has the autistic spectrum, be it mild, moderate or severe. Furthermore, the situation of impossibility to provide for one’s own livelihood or to have it provided for by one’s family members must be proven ”, notes the lawyer.
Many people may find the value of the benefit low, but it can vary from case to case.
“This is because the treatments needed for people on the autism spectrum are extremely expensive. For this reason, the monthly income determined by the legislation can be variable”, he points out.
The benefit did not end
Tatiana explains that there is no deadline for paying the check, since autism is not considered a disease, so there is no cure. The request must be made from the INSS call center (135) or through My INSS🇧🇷
“In this way, the benefit will cease only if the income situation of the family members changes,” he says.
It also indicates the possibility that the benefit will be denied. This can often happen due to an error in the judgment of the request or the lack of documents necessary for the analysis.
In these cases, there are two options. The first is through administrative appeal. “In this case, there is little chance of changing the INSS decision,” he says.
And the second is through a process, for which, according to Tatiana, the possibilities are greater due to the freedom that the judge has to analyze situations on a case-by-case basis.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
