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BPC: Right to an Assistance Benefit Without a Survivor’s Pension
Although the BPC guarantees elderly people aged 65 and over and people with disabilities a monthly minimum wage (R$ 1,320.00) through the INSS, it is important to emphasize that it is not a retirement pension, but rather an assistance benefit. It is not necessary to have contributed to social security throughout one’s life to be entitled to it.
In light of this, many BPC beneficiaries have questions about their rights with the INSS. Therefore, it is important to clarify whether dependents are entitled to a survivor’s pension in the event of the beneficiary’s death.
Survivor’s Pension under the BPC: A Possibility
Although the law establishing the BPC states that it is not possible to leave a survivor’s pension to dependents, there is an exception in which these people may be entitled to the benefit. If the deceased BPC beneficiary had an acquired right to a social security benefit that had not been granted, even if they were not contributing to the INSS, they may leave a survivor’s pension to their dependents.
This possibility was confirmed by the National Uniformization Panel (TNU) when analyzing theme 225, which determined that the granting of a survivor’s pension is possible when the deceased insured person, even while receiving a social assistance benefit, had an acquired right to a social security benefit that was not provided by the Administration.
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Situations in Which Dependents of a BPC Beneficiary Are Entitled to a Survivor’s Pension
Therefore, if, on the date of death, the insured person was entitled to an age-based retirement pension but had not applied for it or had their application denied by the INSS and was receiving only the BPC, the dependents may be entitled to a survivor’s pension.
Furthermore, in certain circumstances, if the insured person was entitled to a disability benefit, such as sickness benefit or disability retirement, but the INSS granted the BPC, and the deceased had an acquired right to a benefit that would have qualified them as an insured person, then the dependents would be entitled to the pension.
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In summary, apart from the situations mentioned above, when a person is entitled only to the BPC during their lifetime, they do not leave a survivor's pension for their dependents, nor do they receive the INSS 13th salary, since this is a government assistance benefit intended for people in situations of social vulnerability.
