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The provisional measure on social security fraud, signed today (18) by President Jair Bolsonaro, can generate savings of up to R9.8 billion for public coffers during first year of validity. The text, which will be published in an additional edition of the Official Journal this Friday (18), modifies the rules on the granting of custody, death pension and retirement in rural areas.
The measure provides for a review of more than 5, 5 million benefits awarded by the National Institute of Social Security (INSS), which is currently being badyzed in case of suspicion of irregularity. In order to quickly badyze the processes, the government will institute a gratification for doctors and medical experts, in addition to creating a career in federal medical expertise.
Seclusion Aid
The benefit, which is paid to the dependents of prisoners, such as children, stepchildren, spouses, parents and brothers and sisters, will have 24 deficiencies to fill. At the present time, it is sufficient that the insured has made a single contribution to the INSS, before being arrested, so that the benefit can be granted to dependents. In addition, benefits will be granted only to dependents of prisoners in closed custody and no longer in day parole, as is happening today. According to the MP, the evidence of low income will reflect the average of the last 12 salaries of the insured and not only the last month preceding the arrest, which should change the value of the benefit paid.
INSS must conclude agreements with the bodies responsible for the penitentiary system.
Death Pension
The Member begins to demand documentary evidence proving the kinship relationship of the prisoners with the deceased. stable union or economic dependence giving entitlement to the death pension. Currently, justice recognizes such relationships based solely on testimonial evidence. Beginning on the day of death, children under the age of 16 will be required to claim the benefit within 180 days of the insured's death. Under the current rule, this period does not exist for purposes of retroactivity for children under 16 years of age.
Member concludes with duplicate payments, in cases where the court recognizes a new dependent as a child or spouse. Under the current legislation, if a dependency relationship is recognized, this new dependent receives the benefit retroactively, without any reduction or devolution of the values by the other beneficiaries. From now on, as soon as the litigation is filed in recognition of paternity or companion status, part of the benefit will be retained until the final judgment of the prosecution, in order to cover the potential expenses of the INSS through payments. two fold.
Rural Retirement
The Ministry provides for the establishment, by ministries of the economy and agriculture, in partnership with federal agencies. state and municipal, a register of special insured, which includes persons entitled to retirement in rural areas. This document will feed into the National Social Information Register (CNIS), which will become the only way to prove non-contributory rural working time from 2020.
For the period prior to 2020, the form turns out to be a self-declaration of the rural worker, approved by the entities of the National Program of Technical Assistance and Rural Extension in Family Farming and Agrarian Reform (Pronater), linked to the Ministry of Agriculture. The certified self-declaration will be badyzed by the INSS which, in the event of an irregularity, may require other documents provided for by law.
Fight Against Irregularities
Member of Parliament Creates Special Program of Analysis of Benefits with Irregularities (Special Program) and Program of Benefits Review Disability (Examination Program)
The Special Program will focus on the badysis of benefits showing signs of irregularity. This work will be done by INSS technicians and badysts. A bonus of R $ 57.50 per server has been established for each completed process. There are currently 3 million cases pending.
Federal medical experts will be responsible for the implementation of the revision program, intended for disability benefits without medical expertise, for more than one year. six months and who do not have a date of termination (stipulation) nor indication of vocational rehabilitation. There are also over 2.5 million continuous benefits that have not been evaluated by an expert for more than two years. For each competency performed as part of the exam program, a $ 61.72 R $ bonus will be paid to the medical expert.
According to the special secretary of the Ministry of Labor and Social Security, the special program and the revision program are the measures that have the greatest financial impact on the economy, namely R $ 9.8 billion. included in the PM. Social security, Rogério Marinho. There is already a budget so that the government can pay the premiums to agents and medical experts who will review the benefits.
The government will also encourage the examination of retirements and retirements of public servants. On another front, the tax exemption granted to seriously ill people will have a more rigorous control.
To meet the new demand for medical expertise in several areas of the federal public administration, MP creates the expert career. Federal Medicine, linked to the Secretariat for Social Security of the Special Secretariat for Social Security and Labor of the Ministry of the Economy. The new career will be composed of medical social security experts who currently constitute the framework of the INSS.
Other measures
According to the Government, the Member "improves the rules of the administrative procedure concerning the suspension and termination of benefits. The proposal allows, in cases of pre-constituted evidence, such as information in electronic systems (CNIS, Cadúnico, etc.), the preventive suspension of the payment of the benefit until the recipient presents a defense . Today, according to the information disclosed, the benefit is paid up to the place where the insured person is, even in cases where there is strong evidence that the receipt is undue.
Banks will be required to return benefit amounts deposited after death. of the beneficiary. The MP also plans to improve the identification of policyholders through initiatives such as the use of biometrics
. Another objective of the MEP is to reduce the judicialization of social security problems. In case of payment of a higher benefit or an early retirement revoked in court, the discount of the amount improperly received from another benefit or the registration of the active debt is authorized.
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