Social Security

Can there be right to death and survival payments if the deceased was not subscribed?

Yes, there can be widowhood, orphanage payments and in favour of family members as long as, in addition to the remaining requirements, the deceased accredits a minimum contribution period of 15 years.

Assistance in the case of death shall not be applicable because this requires that the deceased be registered or assimilated.

UP

In order to accredit the required contribution period, can the credit for labour work or disability be included in the calculation?

Credit periods for laborious work or disabilities shall not be applicable for exclusion.

Furthermore, the amounts paid by the SPE shall also not be considered, during the payment of subsidy for persons of more than 52 years, as they are only considered for retirement. Such payments would be included if the deceased, during such perceiving, should have subscribed a special agreement to cover the rest of provisions.

UP

In order to accredit the contribution period, can contributions made outside the period be included in the calculation?

Shall only be effective if their inclusion is prior to the event or, if after, such payment is performed within the regulatory period for it or by virtue of postponement or fractioning provided previously.

UP

Are "in itinere" accidents considered to be work-related injuries in all the schemes?

In the schemes where the workers are employed by another person, in itinere accidents (accidents suffered by workers when commuting to or from work), are considered tobe work-related accidents.
 
However, in the schemes where the workers are self-employed (self-employed workers, self-employed agricultural workers and self-employed sea workers ), in itinere accidents are excluded from the category of work-related accidents.

The special scheme for domestic employees does not include occupational contingencies and therefore all accidents are considered to be non-work-related.

UP

Can suicide and death due to drugs be considered as non occupational accident?

Suicide shall be classified as accident. In order to determine if its occupational or not, it shall be necessary to consider the applicable legal regime for both contingencies.

Deaths that have their cause on a specific ingestion of toxic substances in excess (overdose) or of deficient quality (adulteration or bad condition) shall be considered derived from non occupational accident. The connection between the death and ingestion of such substances shall be, in any case, sufficiently accredited with the certificate issued by the forensic doctor or facultative, if appropriate, involved in each case

UP

What happens if the AT and EP mutual fund of the Social Security does not recognize the existence of work accident?

In the cases in which the Mutual fund should deny the payments, based on the fact of not being an occupational accident, whenever the beneficiaries have presented a claim in request of declaring the existence of such contingency, it shall be possible to recognize the payments of death and survival requested to the INSS treating them as common contingencies, conditioning the resolution to the content of the court ruling.

UP

How can a worker be considered dead that disappeared in an accident?

Workers that have disappeared in an accident shall be considered dead, either occupational or not, under circumstances that makes their death presumable, and for which no news has been obtained during 90 days following the accident.

In these cases, the pensioner may be entitle to payments of death and survival, excluding the death subsidy, as long as requested within 180 calendar days after the date on which the aforementioned 90 day period expires, using the date of accident as the date of the event.

Should this period pass, it shall be necessary to previously declare the death in accordance with civil legislation, taking the date of the event as the one specified in said death statement.

UP

If the dead party was a permanent disability pensioner derived from occupational accident (AT), are survival payments considered derived from AT?

If the deceased received permanent absolute disability or major disability derived from AT , it shall be considered that the death was due to this contingency.
 
If the party perceived total permanent disability  derived from AT, it shall be necessary to prove the death was due to such contingency. Evidence shall be accepted as long as more than 5 years have not passed since the date of the accident. If the death takes place during such period, it shall not be considered death as a result of AT, even if it is demonstrated it is the result thereof.

UP

If the dead party was a permanent disability pensioner derived from occupational illness (ET), are survival payments considered derived from ET?

If the deceased received permanent absolute disability or major disability derived from EP , it shall be considered that the death was due to this contingency.

If the party perceived total permanent disability  derived from EP, it shall be necessary to prove the death was due to such contingency. Evidence shall be accepted regardless of the time passed to death.

UP

If a self employed worker does within 90 days after his cancellation in the special self-employed regime, is he considered as not subscribed?

When the last regime was self-employed and the fact that caused the payment occurred with said 90 days, it shall be considered the employee is in a situation similar to discharge even when it must resolve a different regime, because in accordance with the reciprocal calculation rules, the formal situation of discharge or assimilated is always referred to the last regime and is suitable by the regime that recognizes the right.

UP

Orphanage. Children of the surviving spouse contributed to the marriage, can they become beneficiaries of the orphanage pension?

If, as long as it has been held two years before the death of the party, they have lived at his expenses and are not entitled to another Social Security pension or are any family members left with obligation and possibility of providing food as per civil law.

UP

Orphanage. Can the orphanage pension be requested on date after the limit age to be entitle to it?

Yes. Should the beneficiary not have accrued any amount in the orphanage pension before reaching the age limit for becoming a perceiver, an annuity of the pension including extra payments shall be paid for having requested it after such age, as long as the person fulfils the conditions for being beneficiary on the date of the event.

UP

Orphanage. If an orphan of more than 25 years has lived with his father and under his support until his death, is he entitled to collect any pension?

Children or brothers/sisters greater than 22 years old, single, widow, legally separated or divorced shall be entitle to perceive family subsidy, even if not certifying the conditions for being pensions, fulfil the following requirements:

• To have lived with the originating contributor at his/her expense for 2 years prior to death or since the death of a family member that lived with him, if it occurred during this period.
  
  
• Not be eligible to a public pension.
  
  
• To lack means of subsistence, due to having an income equal to or below the minimum guaranteed wage and the obligation of providing family members with food.
  

UP

Orphanage. Who are the beneficiaries?

Beneficiaries of orphanhood may be  children who, on the date of death of the father and/or mother, meet the necessary requirements and find themselves in any of the following circumstances:

• Children under the age of 18.
  
• Children declared unable to work due to having been assessed as having absolute permanent disability or severe disability.
  
• Children under the age of 22 (as of 1 January 2002) that do not receive an income through work, either as self-employed or employees, or if they do, their income calculated on an annual basis does not exceed 75% of the national minimum wage,  which is also calculated on an annual basis.
  
• Children under the age of 24 (as of 1-1-2002) that do not work for a profit, either self-employed or employed by others, or if they do, their income calculated for a year do not exceed 75% of the minimum professional wage,  also calculated for a year.

UP

Widowhood. I live with my partner but are not married, if I should die would she be entitled to a pension?

According to the changes introduced on 1 January 2008, the survivor of a de facto couple may be entitled to a widow's or widower's pension if they meet the requirements established in the Law.

UP

A divorced woman that lives and supports her pensioner mother, without any other income than her mother?s pension, would she be entitled to a pension when her mother dies?

The children of retirement or permanent disability pensioners, over the age of 45, who are single, widows/widowers, legally separated or divorced can be beneficiaries of a family members pension when, certifying having provided prolonged care to the deceased, they had lived with them and at their expense at least two years prior to the date of death.

UP

The family of a deceased pensioner, is entitled to collect aid for burial expenses?

The death of a contributory level retirement or permanent disability pensioner entitles to the right to perceive an amount as a death grant to that have paid the burial expenses.

UP