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Is a Mother Entitled to a Pension for the Death of her Son? see now

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After all, mother is entitled to a pension upon the death of her child? This is a relatively common question, as it is quite common for children to help their mothers with household expenses, such as rent, water and electricity bills, etc.

The loss of a child is one of the most painful experiences anyone can face. In addition to emotional suffering, doubts often arise about legal and financial issues, such as the possibility of receiving a death benefit. 

Based on this post, you will be able to find out everything about the child's death pension and learn about the main rules, so continue following our content to answer your questions.

Social Security in Brazil

In Brazil, Social Security is a system that aims to guarantee social protection to citizens in vulnerable situations, such as the death of a loved one. This way, it is possible for the family to receive help to cover their expenses.

The death pension is a social security benefit that aims to provide a monthly income to the dependents of the deceased insured person, so that they can continue to support themselves financially.

A mother is entitled to a pension upon the death of her child, a benefit that can also be granted to spouses, children, parents and other family members, depending on the situation. However, the rules and criteria for granting this benefit may vary according to social security legislation.

Who can be considered dependent?

Social security legislation defines who can be considered a dependent of the deceased insured person. In the case of the question “Mother is entitled to pension upon the death of her child?”, it is important to understand the established criteria.

In relation to the mother, she can be considered a dependent if she meets the following requirements:

  • The deceased child must be insured under Social Security at the time of his or her death;
  • The mother must prove her economic dependence on her child, that is, that she was financially dependent on him for her subsistence.

However, it is important to highlight that economic dependence does not need to be exclusive. This means that the mother may have other sources of income but still be considered dependent on her deceased son, as long as he contributed significantly to her support.

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Mother's age and death benefit

Another relevant factor to be considered is the mother's age at the time of the child's death. Social security legislation establishes that, for some categories of dependents, age may influence the right to a death pension.

In general, if the deceased's mother is elderly, she will have a better chance of receiving the death benefit, even if she cannot prove economic dependence. This is due to the fact that the legislation considers the elderly as presumed dependents.

However, it is important to emphasize that each case is unique, and the analysis of the granting of the death pension will take into account all the specific circumstances of the situation, but in general, yes, the mother is entitled to a pension upon the death of her child when meeting the criteria.

Required Documentation

Now that you know that the mother is entitled to a pension upon the death of her child, check out the documents required to obtain the benefit:

  • Child's death certificate;
  • Mother's identification documents, such as ID and CPF;
  • Proof of economic dependence, which can be provided through documents that attest to the financial assistance provided by the child, such as bank statements, joint accounts, among others;
  • Proof of address;
  • Other documents that may be requested by the INSS (National Social Security Institute) or the body responsible for analyzing the benefit.

It is important that the mother gathers all the necessary documentation and requests the death benefit as soon as possible after the death of her child, to avoid possible delays in granting the benefit.

The role of the INSS in granting the death pension

O INSS is the body responsible for analyzing and granting social security benefits, including the death pension. The mother of the deceased must contact the INSS or access the agency's online portal to begin the request process.

It is important to be aware that, in some cases, the INSS may initially deny the benefit. In this case, the mother has the right to appeal the decision and present additional documents proving her economic dependence on her deceased child.

Is a mother entitled to a pension upon the death of her child? Conclusion

The loss of a child is an extremely delicate situation, and it is important that the mother is aware of her rights in relation to the death benefit. In answer to the initial question, yes, the mother is entitled to a pension upon the death of her child, as long as it meets the requirements established by social security legislation.

It is essential that the mother gathers the necessary documentation and makes the request to the INSS as quickly as possible to guarantee access to this very important benefit at a time of emotional and financial fragility.

In case of doubts or difficulties in obtaining the death pension, it is advisable to seek the help of a social security law professional for guidance and support during the process.

See also our content on how to make one pension planning!