INSS: see who will receive arrears in 2023 and 2024 – 08/29/2023 – Market

INSS (National Social Security Institute) insured persons who go to court for the granting or review of a social security benefit such as retirement, pension or assistance are entitled to receive retroactive amounts, called arrears.

These values ​​are the unpaid differences in the last five years before the lawsuit and, depending on the amount, are settled more quickly, with the release of a lot each month, if they are RPVs (Small Value Requests), or once in the year, if they are precatory.

The difference between RPV and precatório is the value of the cause. Retroactives that add up to 60 minimum wages, which is R$ 79,200 this year, are paid within two months after the release of the amounts by the judge. On average, per month, amounts between R$ 1.5 billion and R$ 2 billion are released to pay INSS policyholders.

Precatories are delayed above 60 minimum wages. In this case, payment is made only once a year. In 2023, the money has already been released. But the amount paid to policyholders has displeased those in line.

This is because the PEC (proposed amendment to the Constitution) of Precatories, articulated by Paulo Guedes and approved in the Bolsonaro government, brought two amendments that limit the payment of these amounts, leaving those who won the process unsure of when they will receive it.

To enter the batch that is released month by month, the process must have reached the end of the process, with no possibility of appeal by the INSS.

Who will have RPVs in 2023?

Insureds who defeated the INSS in court and are entitled to receive up to 60 minimum wages can have the money until the end of the year, if the judge of the cause gives the payment order until October. After that, the values ​​are for the next year.

The federal government releases the amounts to be paid, since they are Union debts. The money is distributed to the TRFs (Federal Regional Courts) by the CJF (Federal Justice Council).

See the calendar of RPVs in 2023

Month in which the arrears were cleared in court	Month of release of amounts by CJF	payment month
August 2023	September 2023	October 2023
September 2023	October 2023	November 2023
October 2023	November 2023	December 2023

Who will have RPVs in 2024?

The RPVs and precatories to be paid in 2024 will still enter the federal budget. In the case of precatories, the amounts may be released by the government until December 31 of next year. But, in general, this payment is made in advance. This year, it was done in May.

In the case of RPVs, the amount will be paid according to the month of the judge’s release, and, within 60 days, the insured person who won the lawsuit and had the money released will receive it.

See the RPVs calendar in 2024

Month in which the arrears were released in the Justice	Month of release of amounts by CJF	pay month
November 2023	December 2023	January 2024
December 2023	January 2024	February 2024
January 2024	February 2024	March 2024
February 2024	March 2024	April 2024
March 2024	April 2024	May 2024
April 2024	May 2024	June 2024
May 2024	June 2024	July 2024
June 2024	July 2024	August 2024
July 2024	August 2024	September 2024
August 2024	September 2024	October 2024
September 2024	October 2024	November 2024
October 2024	November 2024	December 2024

How much will I receive from Justice?

The amount to be paid depends on when the insured person made the request, and whether it was a request for granting or revision of the benefit.

In the case of concessions, in order to know how much will be paid, it is necessary to multiply the value of the benefit by the number of months in which the INSS did not pay the rent from the date of the administrative request to the date of the judicial concession, adjusted for interest and fine as says the law.

In the case of review, it is necessary to multiply the difference between the amount you were earning and the correct amount of your benefit, by the number of months, limited to up to five years before the request, and apply interest and fines. In general, this account is made by a specialist.

How is the payment done?

The money is released by the government to the CJF, as requested by the body. Afterwards, the CJF releases the amounts to the TRF responsible for the process in the region where the insured person filed a lawsuit against the INSS. To find out if he will receive it, the retiree must consult the website of the TRF in his region.

In São Paulo and Mato Grosso do Sul, citizens can consult the TRF-3 (Regional Court of the 3rd Region) website: trf3.jus.br to find out if they will receive it. It is also possible to call the cause’s lawyer, who will carry out the conference.

As soon as the money is released, there is a phase called processing, which is the opening of accounts at Caixa Econômica and Banco do Brasil, and it is usually completed in a few days. When this occurs, the information is placed in the system and the insured has access to it when consulting the website.

How do I know if it’s a RPV or a writ?

When making the query on the responsible TRF website, the acronym RPV will appear, for small value request, or PRC, for precatory. In general, the insured already knows whether he will receive RPV or precatório even before the end of the process, because the calculations are presented before.