The Continuous Provision Benefit (BPC), also known as LOAS, which is paid by the National Social Security Institute (INSS) it is not a retirement as part of society thinks, as explained by lawyer Hilário Bocchi Neto, from Bocchi Advogados Associates.
In fact, it is an assistance benefit independent of the citizen's contribution to the INSS. However, a very large part of the population that is benefited by the BPC may have the right to retirement, which is much better. If this is your case, know that you can request the exchange of BPC for retirement.
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This benefit is a guarantee provided for in the Organic Law of Social Assistance (LOAS). With it, the Federal Government helps people with disabilities or elderly people aged 65 or over who are in a situation of economic vulnerability, to survive on a minimum wage per month.
The requirements to receive the BPC are:
Retirement is more advantageous than the BPC because:
It is necessary to make explicit a very important point: it is necessary to contribute to Social Security to obtain the right to retirement. You also need to meet some requirements to obtain this right, which may be minimum contribution time, minimum age and / or disability.
A large number of people made contributions to the INSS for a period, but later requested and are now receiving the BPC. If you are in this situation, it may be that you already have the right to retirement or it is not long before you earn that right, even if you are not contributing today. In this case, it is important to ask a professional you trust to verify your Social Security situation.
It is usual that the INSS does not check whether the citizen already has the right to retirement when he receives the request from the BPC, although it is a legal obligation to verify this impasse. If you already have the right to retirement, you can immediately request the replacement of the BPC by the retirement and, sometimes, it is even possible to receive retroactive amounts.
This situation is related to those workers who receive the BPC and there is little contribution time or age for them to have the right to retire. If the worker already has the minimum contribution time required to retire and only lacks the complement of age, it is possible to request the exchange of BPC for retirement as soon as the worker makes birthday.
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