A death benefit with legal support is contained in article 74 of Law 8.213/91, being the social security benefit that ensures the dependent a continuous remuneration or not, paid by the INSS(National Institute of Social Security).
This remuneration involves different rules and requirements so that the amount to be paid is established according to the specific characteristics of each situation.
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In general, the deceased needs to be retired, or to be a Social Security contributor on the date of death. Also except for the condition of being insured within a period that varies from 3 months to 3 years, known as the “grace period”.
It is common to hear about or know of cases in which children receive a pension for the death of their parents, or even a wife or husband receives the benefit for the loss of their spouse, but what few know is that parents, under some circumstances, can also receive a death benefit children.
To this end, observe article 16 of the Social Security Plans and Benefits Law (Law 8.213/91), which defines the individuals considered dependent on the insured person:
That is, parents only receive the pension if they prove that they are dependent on the child in whole or in part, and may even receive the benefit for life if they are 44 years old +.
At this point, it is important to call attention to the fact that, in this case, the condition only applies when it does not collide with item I of the article, that is, if the child has a spouse or children, as the law guarantees priority in the receipt.
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