Aula Gratuita para o INSS - Direito Previdenciário (Parte 8/12)

Summary

The script discusses the intricacies of unemployment insurance, social security benefits, and the concept of 'quality insured' status in Brazil. It explains the eligibility for unemployment benefits after voluntary business ventures, the duration of benefits, and the importance of continued contributions to maintain this status. The video also covers various social benefits, their prerequisites, and the impact of not contributing on eligibility. It delves into the calculation of the benefit salary, exceptions to waiting periods for certain benefits, and the importance of meeting contribution requirements for benefits like disability retirement.

Takeaways

• 📅 The script discusses the period of unemployment insurance coverage, which is generally 12 months for those who have contributed to the system.
• 🔄 It highlights the transition from being an employee to self-employment and how this affects one's status in terms of unemployment and social security contributions.
• 💼 The concept of 'qualidade segurado' or 'insured status' is explained, detailing how long one retains this status after unemployment and the conditions for maintaining it.
• 🚫 The script clarifies that certain benefits like 'salário família' (family salary) are not due during the grace period of unemployment insurance.
• 👨‍💼 The importance of returning to contribute to social security to maintain 'insured status' is emphasized, with specific dates and conditions provided.
• 👴👵 Benefits such as retirement due to age, contribution time, and special retirement are unaffected by the loss of 'insured status', except for family salary benefits.
• 🏥 The script explains that if an insured person suffers an accident or becomes completely disabled, they still have rights to certain benefits like sickness aid or disability retirement.
• 💔 In the event of the insured person's death, their dependents are entitled to a pension, regardless of the status of their contributions.
• 🔄 The process of regaining 'insured status' after a period of non-contribution is discussed, including the need to contribute again to social security.
• 📉 The script addresses the consequences of not resuming contributions, such as the loss of 'insured status' and the inability to claim certain benefits.
• 📚 The concept of 'carência' or 'waiting period' for benefits is introduced, explaining its purpose for maintaining the financial balance of the social security system.

Q & A

What is the general rule for maintaining the status of a social security insured in Brazil after leaving a job?

The general rule is that after leaving a job, an individual maintains the status of a social security insured for 12 months without contributions.

How does the transition from an employee to a self-employed individual affect one's social security status?

If a person transitions from being an employee to self-employed, they move to a different social security category and are no longer considered unemployed, thus maintaining their insured status.

What happens if a person has more than 10 years of contributions but is unemployed and not contributing to social security?

If a person has more than 10 years of contributions and is unemployed, they can still receive unemployment insurance and maintain their insured status for an extended period, potentially up to 36 months.

What are the conditions under which an insured person can lose their insured status?

An insured person loses their insured status the day after the due date of the individual contribution for the month immediately following the end of the grace period if they do not resume contributions.

What benefits does an insured person retain even after losing their insured status due to non-contribution?

Even after losing insured status, a person retains the right to certain benefits such as retirement by age, retirement by time of contribution, and special retirement, regardless of their insured status.

What is the 'family allowance' and why might it not be due during the grace period of insured status?

The 'family allowance' is a benefit that supports the dependents of an insured person. However, it is not due from the moment the insured person is dismissed and becomes unemployed; it is not provided during the grace period of insured status.

What is the significance of the 14th month rule in the context of losing insured status?

The 14th month rule is a simplification to remember when insured status is lost. It implies that the loss of insured status occurs on the 16th day of the 14th month since the individual contribution is collected on the 15th of each month.

How does the restabilishment of insured status affect the eligibility for social security benefits?

When insured status is restabilished, the individual regains eligibility for social security benefits. However, they must observe if these benefits have a waiting period (carência) and comply with it to be eligible.

What is the waiting period (carência) and why is it important for social security benefits?

The waiting period (carência) is the minimum number of contributions required to qualify for social security benefits. It is important to maintain the financial and actuarial balance of the social security system, ensuring that there are sufficient funds to pay benefits without causing a deficit.

Can you provide an example of how the waiting period (carência) applies to the benefit of sickness aid?

For the benefit of sickness aid, there is usually a waiting period of 12 contributions. However, in cases of accidents of any nature, professional diseases, or diseases listed in a joint list by the Ministry of Health and the Ministry of Social Security, the waiting period is waived.

How does the calculation of the initial monthly benefit amount work, and what is its purpose?

The initial monthly benefit amount is generally calculated based on the benefit salary plus a percentage set by law. This calculation determines how much the beneficiary will initially receive, although the benefits are subject to annual adjustments to maintain purchasing power.