Family salary: What is the value? Who is entitled? – 10/30/2023 – Market

The family allowance is a benefit intended for workers who earn just over one minimum wage per month. The amount is paid for each child or dependent under the age of 14 or for a child or dependent who has some type of disability (with no age limit).

There is a table updated every year, normally in January, which stipulates the income limit that the worker can receive to be entitled to the benefit created in 1963, through law 4,266.

To find out if you are entitled, the person must add up all the amounts received in the month, even if they come from different jobs, and not exceed the established ceiling.

The benefit is paid individually. Therefore, if each of the parents receives a salary below the established limit, each of them will be entitled to the family allowance if they are married and meet the requirements.

What is the value of the family allowance?

In 2023, the person entitled to the family allowance receives R$59.82 per child or dependent up to 14 years old or who is disabled (with no age limit). The value is updated every year by the federal government, in January.

It can be added to other benefits such as maternity pay, benefit for temporary incapacity (sickness benefit), retirement for permanent incapacity (disability retirement), for rural age or in cases where the applicant is 65 years old or over, for men, or 60 years or older, for women.

Who is entitled?

The family allowance is paid to those who receive up to R$1,754.18 per month, adding up all income earned. The amount of R$59.82, in force in 2023, is paid for each child or dependent up to 14 years old or who is disabled (with no age limit).

If the parents are divorced or one of them has legally abandoned them, the family allowance will only be paid to the person who has legal custody of the dependent.

Who pays the employee’s family allowance?

The amount is paid by the employer to those who have a formal contract or work as a domestic worker, and the amount cannot be deducted from the salary.

In the case of casual workers, the request must be made to the union or the body to which they are linked. For those who receive sickness and retirement benefits, the INSS is the one who deposits the amount.

The worker must present in the request:

• Identification document with photo and CPF number

• Work card (for first registration)

• Birth certificate of each child or dependent

• Vaccination booklet or equivalent for dependents up to six years of age

• Proof of school attendance for dependents between four and less than 14 years of age (for those who make the request after July 1, 2020) and between seven and less than 14 years of age (for those who make the request before June 30, 2020)

• Proof of disability provided by INSS medical expertise in the case of disabled dependents

• In the case of a stepchild, documents proving the status of stepchild and economic dependence

• In the case of a ward, proof of economic dependence

• Term of responsibility filled out within the Meu INSS website or application

• Application for family allowance (for retirement processes or when not requested in the disability benefit application)

If you are an attorney or legal representative, you must present a public power of attorney, INSS liability statement, legal representation agreement (guardianship, conservatorship or custody agreement) and identification document with photo and CPF number of the attorney or legal representative.

When do you lose your family allowance?

The worker will no longer be entitled to family allowance under one of the following conditions:

• Salary greater than the limit stipulated to receive the benefit

• Death of child or dependent

• If the child or dependent turns 14, except in cases of disability

• If the child or dependent is no longer disabled

• Job loss

The worker must notify the employer, the union or the INSS to suspend payment, at the risk of being criminally liable for fraud and misrepresentation.

How do I request family allowance from INSS?

The professional with a formal contract or domestic worker and the casual worker make the request to the employer or union responsible for hiring them.

In the case of INSS beneficiaries, the request can be made by calling 135, at the Social Security agency or via the Meu INSS website or application of the same name, which can be downloaded from the Play Store (Android) and App Store (iOS) . The developer is Serviços e Informação do Brasil.

You must be registered with gov.br to access it on your cell phone. Click here to learn how to create an account. On the website, it is possible to do so without having gov.br, and you must provide your name, CPF and date of birth. Check the captcha, indicate that you are not a robot and answer the question with pictures.

After entering the system, the person must go to “New request”, type “Register or update dependents” and click “Register or update dependents for family allowance”. Fill in the requested data and confirm.

The request can be monitored through Meu INSS itself. Click on “Consult orders”, enter the request number and see more details in “Details”. You can also consult by calling 135 or going to a Social Security agency.

What happens if the company doesn’t pay the family allowance?

The worker may demand payment of the benefit. If necessary, he can file a labor complaint against the employee.

Does anyone on vacation receive family allowance?

No, as it is not considered part of the salary.

Are those who receive family allowance entitled to a 13th salary?

No, as it is not considered part of the salary.

_{Sources consulted: INSS and lawyer Ricardo Christophe da Rocha Freire, partner in the labor law area at Gasparini, Nogueira de Lima e Barbosa Advogados}