09/30/2024 – 6:00
Dependents of INSS (National Social Security Institute) retirees are entitled to receive a pension in the event of the beneficiary’s death. Among them are grandchildren, but these only in exceptional cases.
First, it is important to say that the fact of being a grandson or granddaughter and economically dependent on a retired grandfather or grandmother does not automatically give rise to the right to a death pension. Another point is that, according to the rule, those who are entitled to receive the pension benefit for the death of an INSS insured person are their dependents.
+ INSS death pension: find out who is entitled, what the amount is and how to request it
The law establishes as dependents the spouse, partner and children under 21 years of age or disabled. In the absence of people in these conditions, parents or minor or disabled siblings may be considered, as long as economic dependence is proven.
Grandchildren are not considered dependents and, therefore, will be entitled to a pension in an exceptional category. It will be in the situation where the grandson or granddaughter is a minor under the guardianship of their grandparents, who must have been judicially appointed as the child’s guardians. Then, the grandson or granddaughter will be able to receive the death pension up to 21 years of age. The pension can be paid to those over 21 years of age if they are considered incapable by the Federal Medical Expertise.
As a grandchild, you can apply for a grandparent’s death pension
The request for a death pension for grandchildren of INSS insured persons must be made through social security channels, such as telephone 135, the website gov.br/meuinss or the Meu INSS application.
It will be necessary to prove the economic dependence of the ward grandchild on his or her grandfather or grandmother; present a declaration of non-emancipation and a written statement by the deceased insured, or other evidence, which proves their intention to equate the applicant to the status of a son.
In the case of elderly people who are INSS pensioners (and not retirees), that is, they already benefit from a death pension, their dependents do not receive a death pension, as the pensioner has already enjoyed the right as a beneficiary.
For those who receive the Continuous Payment Benefit, the BPC, they also do not leave a death pension for their dependents, as this is an assistance benefit, which, by law, does not generate the right to the 13th salary or death pension.
Death pension amount
The calculation of the value of the death pension for dependents of INSS retirees follows the same criteria as other pensions.
Upon the death of the beneficiary, your benefit is cut in half. And then, add 50% of the original amount plus 10% per dependent. In this case, for grandchildren, 10% is added for each grandchild who is proven to be a dependent (as stated above), limited to the original retirement amount.
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