Lifetime Pension: We answer all your questions! Check it out:

Did you know that several people are entitled to a lifetime pension? This benefit is intended for dependents of an INSS insured person who dies. This right is legal and is granted in various situations.

But there are many questions surrounding the Lifetime Pension. Because of this, in this article, we've gathered all the information you need to understand how a lifetime pension works and who is eligible for it.

Stay tuned to the end and get all the information about the lifetime pension.

• Who is entitled to a lifetime pension?
• What has changed in the survivor's pension in 2023?
• Species 21: Is the social security survivor's pension for life?
• Can I receive a survivor's pension after 21 years?
• Lifetime pension for wife: how does it work?
• Survivor's pension for spouse: how long do I receive it?
• How do I know if the survivor's pension is for life?
• Does a widow lose her pension if she remarries?
• Is a child with schizophrenia entitled to a pension from his father?
• Do people with Asperger's Syndrome receive a lifetime pension?
• Lifetime pension for people with disabilities: how does it work?
• Can someone who receives a survivor's pension retire?

Lifetime pension: what is it?

A lifetime pension is a continuous financial benefit, without an end date, intended for the dependents of an insured person who has died.

The amount of the pension is determined based on the insured's benefit salary, the calculation of which is based on the average contribution salaries over the insured's contribution period.

In the Brazilian context, the regulation of the lifetime pension is established by Law No. 8,213/1991, which outlines the essential requirements for granting this social security benefit.

To become eligible for a lifetime pension, the dependent must present evidence proving their economic dependence on the deceased insured.

This requirement implies demonstrating that the dependent was financially dependent on the insured as their primary source of support.

How does the lifetime pension work?

A lifetime pension functions as a continuous form of financial benefit intended for dependents of a deceased insured person.

How it works may vary depending on the pension system, local laws, and the specific circumstances of each case. Below are some key aspects of how a lifetime pension generally operates:

• Eligibility and Requirements: Eligible beneficiaries generally include spouses, domestic partners, minor children, parents, and, in some cases, siblings of the deceased insured.
• Value Calculation: The value of the lifetime pension is calculated based on the deceased insured's benefit salary. This benefit salary is generally an average of the insured's contribution salaries throughout their career.
• Pension Duration: A lifetime pension is continuous, with no predetermined end date. Beneficiaries receive payments regularly throughout their lives.
• Payment Methods: Life pension payments are made monthly.
• Discontinuance in Case of Remarriage or Change of Conditions:  Significant changes in the beneficiary's financial or living conditions may lead to the discontinuation of the benefit.

Who is entitled to a lifetime pension?

Beneficiaries eligible to receive a lifetime pension are part of a group of dependents, as determined by social security legislation.

The following are considered eligible for this financial support:

• Spouse or Partner: The spouse or partner of the deceased insured is recognized as a legitimate dependent for the purpose of granting the lifetime pension. This category includes formally married partners and those in a proven stable union.
• Children Under 21 Years of Age, Not Emancipated, or with Disability: Children under 21 who have not achieved legal emancipation are included as beneficiaries. Furthermore, children who, regardless of age, have a disability or intellectual or mental impairment that prevents them from engaging in gainful employment are also entitled to this form of financial support.
• Country: The parents of the deceased insured may also be beneficiaries of the lifetime pension, provided they prove their economic dependence on the deceased.
• Siblings Under 21 Years of Age, Not Emancipated, or with Disability: Siblings under the age of 21 who have not achieved legal emancipation are eligible for this benefit. Similarly, siblings with disabilities or intellectual or mental disabilities that prevent them from engaging in gainful employment are also considered eligible.

What has changed in the survivor's pension in 2023?

In 2023, important changes to social security legislation came into effect through Law No. 14,367/2022, substantially impacting the criteria for granting survivor's pensions.

These changes have significant implications for beneficiaries and the social security system as a whole. The main changes introduced by this law are as follows:

• Minimum Age for Sons and Daughters: Previously, for sons and daughters to be eligible for survivor's pension benefits, they did not need to be disabled or have an intellectual or mental disability, but the minimum age was 21. With the new legislation, this minimum age has been raised to 22. This means that sons and daughters who do not meet the disability or impairment criteria will only be eligible for survivor's pension benefits from the age of 22.
• Contribution Time for Former Spouses and Former Partners: The contribution period required for the deceased insured person to be eligible for a survivor's pension has been reduced from 5 to 2 years. This means that these former partners will be able to receive the benefit with a shorter contribution period from the deceased insured person.
• Pension Amount for Former Spouses and Former Partners: The legislation also changed the amount of survivor's pensions for former spouses and partners. Prior to the change, this amount corresponded to 1/4 of the deceased insured's benefit salary. Under the new law, this amount was increased to 1/3 of the benefit salary. This represents a significant increase in the amount to be received by former spouses and partners.
• Minimum wage of 1 minimum wage: In addition to the aforementioned changes, Law No. 14,367/2022 established that the value of the survivor's pension cannot be less than one minimum wage. This ensures that, even in situations where calculations result in a value below this limit, the beneficiary will receive at least the amount corresponding to one minimum wage as minimum social protection.

These changes to social security legislation seek to adapt survivor's pension rules to demographic and social changes, as well as to the needs of beneficiaries.

However, it is important to note that social security laws can be complex and subject to revision, so it is advisable to consult a social security or legal professional for specific guidance on how these changes affect individual beneficiaries.

Check out the main questions about lifetime pensions:

Now, take a look at a list of the main questions related to the lifetime pension and take the opportunity to learn more details about how this type of benefit works:

Do people with Asperger's Syndrome receive a lifetime pension?

Asperger's Syndrome is an autism spectrum condition (ASD) characterized by difficulties in social interaction, communication, and repetitive behaviors.

However, people with Asperger's Syndrome can live independent and productive lives, and do not necessarily need a life pension.

To be entitled to a lifetime pension, the dependent must prove that they were financially dependent on the deceased insured person.

In the case of people with Asperger's Syndrome, economic dependence can be proven through documents that demonstrate that the person received financial assistance from the insured to support themselves, such as proof of payment for rent, food, health, education, etc.

Furthermore, a person with Asperger's Syndrome must be considered disabled or have an intellectual or mental disability that prevents them from engaging in gainful employment. This disability or intellectual or mental disability must be proven by a medical report.

Therefore, a person with Asperger's Syndrome may be entitled to a lifetime pension if they can prove that they were economically dependent on the deceased insured person and that they are disabled or have an intellectual or mental disability that does not allow them to carry out a remunerated activity.

Species 21: Is the social security survivor's pension for life?

Type 21 of the social security survivor's pension is a benefit paid to the dependents of the deceased insured. The pension amount is calculated based on the insured's benefit salary, which is calculated based on the average of the insured's contribution salaries.

The duration of the social security survivor's pension depends on the dependent's age at the time of the insured's death. Dependents entitled to the lifetime pension are:

• Spouse or partner over 44 years of age;
• Country;
• Disabled siblings or those with intellectual or mental disabilities that do not allow them to engage in remunerated employment.

Dependents who are not entitled to a lifetime pension are entitled to a pension for a specific period, depending on the dependent's age at the time of the insured's death:

• Children under 21 years of age, not emancipated, or disabled children or those with intellectual or mental disabilities that do not allow them to engage in remunerated activity: the pension is paid until the child turns 21 years of age;
• Children between 21 and 26 years of age, not emancipated, or disabled children or children with intellectual or mental disabilities that do not allow them to carry out remunerated activity: the pension is paid for three years;
• Children between 27 and 29 years of age, not emancipated, or disabled children or children with intellectual or mental disabilities that do not allow them to carry out remunerated activity: the pension is paid for six years;
• Children aged 30 or over, not emancipated, or disabled children or those with intellectual or mental disabilities that do not allow them to engage in remunerated activity: the pension is for life.

In addition to age, the duration of the social security survivor's pension may also be affected by other factors, such as the existence of other dependents of the deceased insured, the contribution period of the deceased insured, and the value of the deceased insured's benefit salary.

Therefore, type 21 of the social security survivor's pension may be for life or temporary, depending on the age of the dependent at the time of the insured's death.

Can I receive a survivor's pension after 21 years?

The survivor's pension benefit is paid to dependent children under 21 years of age. Therefore, upon reaching this age, the benefit is canceled.

Unlike other types of pensions, you will no longer receive a survivor's pension after 21 years.

Lifetime pension for wife: how does it work?

A spousal pension is a social security benefit paid by the National Social Security Institute (INSS) to the dependents of a deceased insured person. The benefit is lifelong, meaning it is paid forever, as long as the dependent continues to meet the legal requirements.

To be eligible for a lifetime spousal pension, the dependent must prove that they were married to the deceased insured for at least two years, or that they are pregnant, or that they have a child(ren) under the age of 21 or disabled. In addition, the dependent must prove that they were financially dependent on the deceased insured.

Survivor's pension for spouse: how long do I receive it?

The duration of the spouse's survivor's pension depends on the spouse's age at the time of the insured's death. The spouses entitled to the lifetime pension are:

• Spouses over 44 years of age;
• Spouses who are pregnant with the deceased insured;
• Spouses who have child(ren) under 21 years of age or disabled of the deceased insured.

Spouses who are not entitled to a lifetime pension are entitled to a pension for a specific period, depending on the age of the spouse at the time of the insured's death:

• Spouses under 44 years of age: the pension is paid for 4 months;
• Spouses aged between 44 and 47 years old: the pension is paid for 3 years;
• Spouses aged between 48 and 50 years old: the pension is paid for 6 years;
• Spouses aged between 51 and 53 years old: the pension is paid for 10 years;
• Spouses aged between 54 and 56 years old: the pension is paid for 15 years;
• Spouses aged between 57 and 59 years old: the pension is paid for 20 years;
• Spouses aged 60 or over: the pension is for life.

Therefore, if you are the spouse of the deceased insured and are under 44 years of age, you will be entitled to a survivor's pension for a specific period, depending on your age.

How do I know if the survivor's pension is for life?

To determine whether a survivor's pension is for life, you must verify the dependent's age at the time of the insured's death. Dependents eligible for a lifetime pension are:

• Spouses or partners over 44 years of age;
• Country;
• Disabled siblings or those with intellectual or mental disabilities that do not allow them to engage in remunerated employment.

Dependents who are not entitled to a lifetime pension are entitled to a pension for a specific period, depending on the dependent's age at the time of the insured's death:

Therefore, if you are a dependent of the deceased insured and are over 44 years of age, you will be entitled to a lifetime survivor's pension.

You can also check whether your survivor's pension is for life by checking your benefit payment statement, which is sent monthly by the INSS (National Institute of Social Security). The statement will indicate the type of pension, which can be "lifetime" or "temporary."

Does a widow lose her pension if she remarries?

Even when entering into a new marriage, there is no loss of the right to receive the survivor's pension, as this does not constitute a legally stipulated reason for the cessation of the benefit.

Consequently, those who receive a survivor's pension have the freedom to enter into new marriages without fear of negative impacts on their social security rights.

This prerogative is based on the absence, according to the law, of impediments related to marital status for the continued receipt of the survivor's pension, thus providing significant flexibility to beneficiaries.

Is a child with schizophrenia entitled to a pension from his father?

Yes, a child with schizophrenia is entitled to a pension from his father, as long as he proves that he was economically dependent on his father and that he is disabled or has an intellectual or mental disability that does not allow him to carry out a remunerated activity.

Lifetime pension for people with disabilities: how does it work?

The lifetime pension for people with disabilities is a social security benefit paid to dependents of the deceased insured who are people with intellectual or mental disabilities that do not allow them to carry out remunerated activities.

To be entitled to a lifetime pension for a person with disabilities, the dependent must prove that they were economically dependent on the deceased insured person and that they are disabled or have an intellectual or mental disability that prevents them from engaging in remunerated work.

Economic dependence can be proven through documents that demonstrate that the dependent received financial assistance from the insured to support themselves, such as proof of payment for rent, food, health, education, etc.

Intellectual or mental disability or deficiency must be proven by means of a medical report.

Can someone who receives a survivor's pension retire?

Yes, anyone who receives a survivor's pension can retire. A survivor's pension is a social security benefit paid to the dependents of the deceased insured person, and it does not prevent the dependent from also receiving a retirement pension, as long as they meet the legal requirements for the benefit.

A dependent who receives a survivor's pension may retire based on age, length of service or disability.

How many years does a survivor's pension end?

The survivor's pension may end when the dependent reaches the age of majority or when the dependent dies.

The duration of the survivor's pension depends on the dependent's age at the time of the insured's death. Dependents entitled to the lifetime pension are:

• Spouses or partners over 44 years of age;
• Country;
• Disabled siblings or those with intellectual or mental disabilities that do not allow them to engage in remunerated employment.

Until what age does a child receive a survivor's pension?

The answer to this question depends on the age of the child at the time of the insured's death.

• Children under 21 years of age, not emancipated, or disabled children or those with intellectual or mental disabilities that do not allow them to engage in remunerated activity: the pension is paid until the child turns 21 years old.
• Children between 21 and 26 years of age, not emancipated, or disabled children or children with intellectual or mental disabilities that do not allow them to carry out remunerated activities: the pension is paid for three years.
• Children between 27 and 29 years of age, not emancipated, or disabled children or children with intellectual or mental disabilities that do not allow them to carry out remunerated activities: the pension is paid for six years.
• Children aged 30 or over, not emancipated, or disabled children or those with intellectual or mental disabilities that do not allow them to engage in remunerated activity: the pension is for life.

Therefore, the survivor's pension can be for life for children aged 30 or over, or it can be temporary, lasting up to six years, depending on the age of the child at the time of the insured's death.

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