Trajectory for PROTECTION through a MONETARY BENEFIT
The Social Security Law No. 105 of 2008, provides in its article 4 that the Social Assistance Regime protects any person unfit to work who lacks family members in conditions to provide help, also in article 109 establishes that the protection is granted through monetary benefits, species and services.
For its part, Chapter II “Of monetary benefits”, of Decree No. 283, Regulation of the Law, establishes the granting of these benefits, which according to their nature may be temporary, eventual or exceptional.
All the proposals for benefits are submitted to the Board of Directors of the municipal instance, which are the only ones in charge of evaluating the decision, for its approval or denial.
Temporary monetary benefits are those that are granted when the person or family nucleus, for exceptional and justified reasons, presents an emergent situation.
As provided in Decree No. 283, Regulation of the Law, it is considered an emergent situation, when there is a lack of family support and income to assume the immediate basic expenses for the maintenance of children, the elderly, people with disabilities, seriously ill or other payments that cannot be postponed.
Temporary monetary benefits are those that are granted for a term of up to one year, when it is expected that the situation of the family unit that originated its concession will continue over time.
The amount of temporary benefits is set taking into account the established scale, conditioned by the number of members of the family nucleus and the need for protection, for which the following must be verified:
- a) Inability of the members of the family nucleus to join the job, motivated by health situations, disability or other causes that justify it;
- b) Insufficient income to assume basic expenses; and
- c) Lack of obligated relatives in a position to provide help.
They are temporary monetary benefits of more than one year, which are granted when the family nucleus presents a situation of permanent need.
Exceptional temporary monetary benefits are those that are granted to individuals or family units, on a temporary basis. This protection is aimed at those individuals or family units that are in a state of need, and that the amount of the temporary monetary benefit that may apply, according to the established scale, is insufficient making this casuistic analysis.
Particulars
The need for protection of a family nucleus can be raised, by the interested parties themselves, social workers, political, mass and social organizations, institutions, district delegates, or another person who considers it so, to the Municipal Labor Directorate for your care and evaluation.
The Municipal Director of Labor appoints the specialist, who in most cases must be a social worker, to carry out the corresponding socioeconomic investigation, within a term of twenty business days from receipt of the request at the Municipal Labor Directorate.
The socioeconomic investigation begins with the specialist's interview with the head of the family unit or a representative for the purpose of obtaining detailed information on the state of need.
To the report prepared as a result of the interview carried out, the supporting documents provided by the applicant must be attached, as the case may be, in order to deepen the need for protection. The socioeconomic investigation is concluded with the information that is verified in the community where the interested party resides.
The specialist, after the comprehensive evaluation, based on the file, proposes an opinion of approval or not, stating the reasons for it, to the Municipal Labor Director within ten business days, after the investigation is concluded.
The Municipal Labor Director, after receiving the file and the opinion prepared, within a term of seven business days, submits the proposal to the Board of Directors for its analysis, approval or rejection.
In any of the aforementioned cases, the agreement of the Municipal Labor Directorate is personally notified by the specialist to the interested party within a term that does not exceed five business days following the decision, leaving a written record in the file.
If social assistance protection is denied, the interested party is notified in writing, explaining the causes and the recommendations that are necessary, substantiating the causes.
The person who communicated the need for protection is also informed of the decision adopted.
If the cause of the denial is because the existence of members of the family nucleus in conditions of employment is verified, the Municipal Labor Directorate makes an offer of employment for which it is suitable in correspondence with the skills, level of education, need and existing offers in the territory.
It is important to know that all evaluations of requests for social assistance services are carried out in the Municipal Labor Office.
This allows all analyzes to be performed expeditiously.
If you are profited by a benefit, you should know that there are causes for the terminations and modifications of the benefits.
These decisions are adopted by the Board of Directors of the Municipal Labor Directorate, when any of the following situations occurs:
- a) Incorporation into employment of a member of the family nucleus;
- b) Income of the beneficiary in Homes for the Elderly, Homes for Grandparents, Psychopedagogical Centers or other assistance institutions;
- c) Completion of Active Military Service, by the young person who constitutes the sole or part of the family breadwinner;
- d) Transfer of domicile to another municipality of the beneficiaries;
- e) Incorporation of the prisoner into employment or modification of the sanction of deprivation of liberty;
- f) If the beneficiary does not use the approved service;
- g) Death of the beneficiary;
- h) Other causes that vary the need for protection, which includes the change in the economic situation that gave rise to this benefit.
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