07/04/2021 – 15:21
The Constitution and Justice and Citizenship Commission of the Chamber (CCJC) approved, this Wednesday (7), a proposal that waives the grace period for granting sickness benefits and disability retirement due to Covid-19. The text adds “Covid-19 and variants while undergoing disabling treatment” to the list of diseases that do not need a grace period after the worker’s affiliation with the General Social Security Scheme (RGPS). The proposal is pending in urgency and, therefore, it can be voted in Plenary at any time.
Approved text is a substitute for MP Alê Silva
The text was approved as a substitute for deputy Alê Silva (PSL-MG) to the bill (PL 1113/20) for deputy Rodrigo Coelho (PSB-SC) and others. The proposal modifies the Social Security Benefits Law.
The law establishes a grace period of 12 monthly contributions for the worker who joins the RGPS to apply for sickness or disability benefits. But it makes exceptions for diseases such as active tuberculosis, leprosy, multiple sclerosis, cancer, blindness, irreversible and disabling paralysis, severe heart disease and Parkinson’s disease, for example.
The main change in the substitute in relation to the original proposal was to add that the patient must be undergoing disabling treatment to claim the benefit. According to the deputy, as was the proposal previously, there was an addiction of unconstitutionality, because the disease is common contagion.
Rodrigo Coelho: many people who contract Covid-19 and are disabled are in a “legal limbo”
“Since the disease on screen is unfortunately so common in the country, its wide scope and spread would open tremendous fiscal and contributory risks to the social security system. We cannot imagine that just the fact that the worker acquired Covid-19 qualifies him to potentially apply for sickness benefit even without the grace period required as a legal rule for the benefit ”, argued the deputy.
The author, deputy Rodrigo Coelho, stated that several people who contract Covid-19 and are incapacitated for work are in a “legal limbo”.
“In many cases, the person has 15, 20 years of contribution to the INSS, but, if he has not been contributing to Social Security for one, two or three years, he loses the so-called ‘quality of insured’. Or, if he was hired by a company and has been contributing for three, four months and contracting Covid, it will not be entitled to the so-called ‘temporary disability aid’, because it needs to have 6 months of contribution. And, if you are a new insured, you need to have 12 months of contribution ”, He pointed out.
Reportage – Paula Bittar
Edition – Ana Chalub
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