LOAS: Who is eligible and how can I get the benefit?

Who is entitled to LOAS (Brazilian Social Assistance Law) is a very common question when it comes to social benefits.

That's because LOAS is a special type of benefit for low-income people.

But is having a low income enough to qualify? 

So, what exactly is LOAS and how can I apply for it? 

If you have these and other questions, know that you've come to the right place, because throughout this material we will be able to answer them.

That said, if you want to know how this benefit works and all its details, check out the content! 

LOAS: Who is entitled to it and what is it?

It's common to hear about LOAS, especially when the topic is retirement.

And the most common belief is that LOAS is a type of retirement benefit intended for low-income individuals who have not contributed to the INSS (Brazilian National Social Security Institute).

But it's important to say that, although this belief has some merit, the explanation isn't exactly that.

To begin with, contrary to popular belief, LOAS is not the benefit itself, but rather the law that governs it.

That's because LOAS is an acronym for... Organic Law on Social Assistance, No. 8742/93.

This law is what underpins the Continuous Progression Assistance Benefit. the famous BPC.

The BPC is a social benefit that aims to guarantee a minimum income for low-income individuals who require assistance for an extended period.

This benefit guarantees the payment of 1 (one) current minimum wage per month.

The idea is to ensure that the beneficiaries have access to a minimum income and are able to support themselves.

It's worth mentioning that, regarding LOAS (Organic Law of Social Assistance), the benefit is granted especially to those who can prove need over a long period.

In the case of seniors over 65 years of age, age itself proves the need.

For people with disabilities, it is necessary to prove a long-term impairment, for a minimum period of 2 (two) years.

It is worth noting that long-term disability should not be confused with inability to work.

This is because, in cases of disability, it is necessary to present visible criteria for granting benefits.

Impairment, on the other hand, can include any type of difficulty that conveys incapacity or unequal working conditions, when compared to people without disabilities.

This includes intellectual, physical, mental, or sensory disabilities that have the potential to interfere with full interaction with the work environment.

Requirements to apply for LOAS (Social Assistance Benefit): who is entitled? 

In the previous topic, it was understood that LOAS is a social benefit to guarantee a minimum income for cases of long-term disability.

Therefore, we can understand that the target audience for the benefit are those who need financial assistance because they have some long-term impediment to engaging in paid work and supporting themselves.

However, it's worth mentioning that although this answer regarding who is entitled to LOAS (Brazilian Social Assistance Law) may be broad, there is a target audience.

That's because, in order to receive the BPC (Continuous Benefit Payment), it is necessary to meet the application requirements.

The basic requirement involves income, so to apply for the BPC (Brazilian Social Security Benefit) it is essential to have a proven low income.

In addition, the benefit is also granted in two cases:

• For seniors, over 65 years of age, who are not entitled to retirement benefits through the INSS (Brazilian National Social Security Institute);
• People with disabilities that result in long-term impairment, for a minimum period of 2 years.

It's worth mentioning that the income considered is the total income of the family group, which must be declared during the application process.

Therefore, to be eligible for BPC, the applicant must prove a situation of economic vulnerability.

There is currently no specified income level, so the condition of financial vulnerability is assessed individually, considering socioeconomic criteria.

LOAS vs. Sickness benefit or disability retirement 

By now you should know the answer to who is eligible for LOAS, as well as everything about the benefit.

However, it is important to emphasize that the BPC should not be confused with sickness benefits or disability retirement benefits.

This is because, in both cases, it is necessary to prove the inability to work through visible physical or intellectual criteria.

In the case of BPC (Brazilian Social Security Benefit), this proof is not necessary, since physical criteria are not paramount in the evaluation for granting the benefit.

The BPC (Continuous Benefit Payment) will be granted to anyone who can prove a need for income support due to a long-term disability associated with financial vulnerability.

This impediment is not limited to physical conditions.

Unlike disability benefits, where the beneficiary receives a sum of money upon proof of impairment, and for a set period.

Already disability retirementIt is necessary to prove that there is no possibility of performing work duties.

This disability considers physical or intellectual criteria that can be easily perceived.

Therefore, the three are different benefits, granted through non-corresponding criteria and conditions.

How do I apply for the benefit?

Throughout this material, we were able to understand in detail how LOAS works and who it is intended for. BPC payment.

This makes it easier to know how to apply for the benefit, since the requirements are already known.

To apply for the BPC (Brazilian Social Security Benefit), the first step is to ensure that you are within the target population.

For seniors aged 65 or older, it is only necessary to prove their poverty status.

For people with disabilities, it is necessary to find ways to prove the long-term impairment.

To do this, simply ask a doctor for a report that certifies the disability and determines it as permanent or requiring assistance for 2 years or more.

Furthermore, it is also necessary to ensure that proof of poverty can be provided.

Once these points are met, simply contact the INSS (Brazilian National Social Security Institute) to initiate the BPC (Continuous Benefit Payment) application.

Access to INSS (Brazilian National Social Security Institute) can be done through physical offices, or via the website or app.

In all cases, it will be necessary to submit a benefit application.

Once that's done, all you have to do is wait for the results of the analysis.

Remember that you can track the progress of the process online.

If your benefit is granted, the own INSS I will inform you regarding the payment.

This includes the start date, payment method, and main rules.

Therefore, if you noticed that the question "LOAS who is entitled" included your profile, be sure to apply for your benefit! 

LOAS (Brazilian Social Assistance Law) - who is entitled to receive the thirteenth payment?

And the last topic in our material will address a very common question related to... 13th salary.

Ultimately, who is entitled to LOAS benefits and receives a thirteenth payment?

This question arises because, in the case of INSS (Brazilian National Social Security Institute) retirement and pension payments, the right to a 13th-month payment is granted.

However, we must consider that the BPC is not a type of retirement pension, but rather a social benefit.

Therefore, it doesn't work through salary payments, but rather through benefits.

Therefore, it does not guarantee the right to receive a 13th-month salary, culminating in the payment of 12 annual installments of one minimum wage.

So now that you understand how the benefit works, it's easy to know when and how to apply!