BPC LOAS - Guia completo sobre o benefício 2022
Sumário
O BPC, Benefício da Prestação Continuada, também conhecido como LOAS, Lei Orgânica da Assistência Social, compõe um dos 22 programas assistencialistas dedicados a garantir a subsistência de pessoas de baixa renda.
O BPC/LOAS é um direito garantido a toda pessoa idosa (com idade igual ou superior a 65 anos) ou pessoa de qualquer idade desde que portadora de deficiência física, intelectual ou sensorial. Também é necessário apresentar a condição de baixa renda e ter cadastro atualizado no CadÚnico.
Não existe a necessidade de carência e também não é necessário ter realizado nenhuma contribuição ao INSS.
Será considerado como baixa renda a pessoa que possui uma renda familiar per capita menor ou igual a 25% do salário-mínimo (R$ 275,00 em 2021). Ou seja, somando todas as rendas da família, a divisão por cada membro familiar não poder ser maior do que R$ 275.
Além disso, você também precisa saber que a comprovação da deficiência é realizada a partir de perícia médica realizada pelo próprio INSS e que deve ser atestado que sua duração será de pelo menos 2 anos.
Qual é o valor pago no BPC LOAS?
O benefício consiste no pagamento mensal de 1 salário-mínimo.
Quais os documentos necessários para solicitar o BPC LOAS?
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RG e CPF
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Declaração informando a composição do grupo e da renda familiar do Idoso e da Pessoa Portadora de Deficiência
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Comprovante de rendimentos de cada membro do grupo familiar
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Documentos que comprovem a deficiência, quando for o caso
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Declaração informando que não recebe outros benefícios do INSS
Por se tratar de um benefício assistencialista, é comum que o INSS exija mais documentos para comprovar a condição de baixa renda ou a comprovação da deficiência. Consulte um Advogado Previdenciário para juntos analisarem quais outros documentos você pode juntar no pedido com o objetivo de comprovar que você necessita do beneficio.
Por quanto tempo é pago o BPC LOAS?
Para os beneficiários que são idosos, o benefício será pago enquanto a condição de baixa renda permanecer. Para os beneficiários que apresentam deficiência, o pagamento será mantido enquanto sua condição de renda e saúde permanecerem iguais ao momento da concessão do benefício.
A cada 2 anos o INSS solicitará uma nova análise das condições econômicas e de saúde dos beneficiados pelo programa. É essencial que o beneficiário mantenha seus dados de endereço atualizados no CadÚnico, pois é para este endereço que será encaminhado qualquer comunicado do INSS.
Se o beneficiado não comparecer a reavaliação agendada pelo INSS, o pagamento será suspenso e o restabelecimento do benefício precisará acontecer por vias judiciais.
O BPC LOAS pode ser negado?
Sim. Na maioria das vezes o benefício é negado quando o requerente não apresenta a documentação correta, mas também existem situações onde mesmo que todos os requisitos sejam cumpridos e comprovados, a liberação do beneficio seja rejeitada pelo INSS.
Nestes casos, a alternativa é buscar o recurso administrativo no próprio INSS ou dar entrada em uma ação judicial. Em ambos os casos, um Advogado Previdenciário poderá ajudá-lo a conseguir o seu beneficio.
Antes de dar entrada a qualquer benefício, procure um Advogado Previdenciário. Esclareça suas dúvidas e conte com o apoio dele para que todo o seu processo aconteça da forma correta.
Fale com nosso Advogado agora mesmo.
Marque sua consulta!
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