DECREE N- 7,617, OF November 17, 2011

Altera the Regulation of the Continued Gift Benefit, approved by Decree No. 6,214, of September 26, 2007.

THE CHAIRPERSON OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the arts. 20, 21 and 21-A of Law No. 8,742, of December 7, 1993, and the art. 1st of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, approved through Legislative Decree No. 186, of July 9, 2008, with constitutional amendment status, and promulgated by Decree No. 6,949, 25 of august 2009,

DECRETA:

Art. 1 ° The Annex to Decree No. 6,214 of September 26, 2007, which approves the Regulation of the Continued Gift Benefit, shall become the invigorate with the following changes:

" Art. 4 ° .....................................................................................

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II-person with a disability: the one that has long-term impediments of a physical, mental, intellectual, or sensory nature, which, in interaction with diverse barriers, can obstruct their full and effective participation in society on equal terms with the rest of people;

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V-family for calculating the income per capita: set of persons composed of the applicant, the spouse, the companion, the companion, the parents and, in the absence of one of them, the stepmother or stepfather, the single siblings, the unmarried children and stepchildren and the smallest tutelados, as long as they live under the same roof; and VI-family gross monthly income: the sum of gross income earned monthly by members of the family comprised of salaries, orderings, pensions, food pensions, public or private pension benefits, insurance-unemployment, commissions, pro-labore , other income from work no salaried, informal or autonomous market income, earned income from the estate, Monthly Lifetime Income and Continued Pressure benefit, reaped the provisions of the single paragraph of the art. 19.

§ 1 ° For the purposes of recognition of the right to the Prestation benefit Continued to children and adolescents under sixteen years of age, the existence of the disability and its impact on limiting the performance of activity and restriction of social participation should be assessed, compatible with age.

§ 2 ° For the purposes of the provisions of the inciso VI of the caput, will not be computed as household gross monthly income:

I-benefits and assistential aids of an eventual and temporary nature;

II-values arising from social transfer-transfer programs;

III-curricular internship scholarships;

IV-special pension of indenizatory nature and benefits of medical assistance, as disposed of in the art. 5 °;

V-renown of an eventual nature or seasonal, to be regulated in a joint act of the Ministry of Social Development and Combat to Famine and INSS; and

VI-compensation of the person with a disability in the apprentice condition.

§ 3 ° It considers long-term impediment to the one that produces effects for the minimum term of two years. " (NR)

" Art. 5 ° The beneficiary shall not accumulate the Attendance Benefit Continued with any other benefit under the Social Security or other regime, inclusive of the insurance-unemployment, resourced of medical assistance and the special pension of nature indenizatory, as well as the advent remuneration of apprenticeship contract in the case of the disabled person, observed the provisions of the inciso VI of the caput and in § 2 ° of the art. 4 °.

Single Paragraph. The accumulation of the benefit with the advent remuneration of the apprenticeship contract by the person with a disability is limited to the maximum period of two years. " (NR)

" Art. 6 ° The condition of host in long-stay institutions, such as shelter, hospital or congenital institution does not harm the right of the elderly or the person with disabilities to the Continued Benefit. " (NR)

" Art. 7 ° It is due to the Benefit of Prestation Continued to the Brazilian, naturalized or nato, who comprove domicile and residence in Brazil and meet all the other criteria set forth in this Regulation. " (NR)

" Art. 8 ° .....................................................................................

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III-do not possess another benefit in the framework of the Social security or other regime, inclusive of unemployment insurance, save that of medical assistance and the special pension of an indenizatory nature, observed the provisions of the inciso VI of the caput and in § 2 ° of the art. 4 °.

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" Art. 9 ° .....................................................................................

I-the existence of long-term impediments of a physical, mental, intellectual or sensory nature, which, in interaction with diverse barriers, obstruct their full and effective participation in society on equal terms with the rest of people, in the manner provided for in this Regulation;

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III-do not possess another benefit in the framework of the Social or other regime security, inclusive of unemployment insurance, save that of medical assistance and the special pension of an indenizatory nature, as well as the remuneration advent of apprenticeship contract, observed the provisions of the inciso VI of the caput and in § 2 ° of the art. 4 °.

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" Art. 12. Enrollment in the Physical Person Cadre is a condition for the granting of the benefit, but not for the application and analysis of the administrative process. " (NR)

" Art. 16. The granting of the benefit to the disabled person will be subject to the assessment of the disability and the degree of impediment, based on the principles of the International Classification of Functionalities, Incapacity and Health-CIF, established by the Resolution of the World Health Organization No. 54.21, adopted by the 54ª World Health Assembly, on May 22, 2001.

§ 1 ° The assessment of disability and the degree of impediment will be carried out through social evaluation and medical assessment.

§ 2 ° The social assessment will consider the environmental, social and personal factors, the medical assessment will consider the deficiencies in the functions and structures of the body, and both will consider limiting the performance of activities and the restriction of social participation, its specificities.

§ 3 ° The evaluations of which treats § 1 ° will be carried out respectively by the social service and medical expertise of the INSS, by means of tools developed specifically for this purpose, established by joint act of the Ministry of Social Development and Combat to Fome and the INSS.

§ 4 ° The Ministry of Social Development and Combat to Hunger and the INSS will ensure the necessary conditions for the realization of the social assessment and medical assessment for the purposes of access to the Continued Pressure benefit.

§ 5 ° The assessment of disability and the degree of impediment has by goal:

I-substantiate the existence of long-term impediments of a physical, mental, intellectual, or sensory nature; and

II-affer the degree of constraint for the full and effective participation of the person with a disability in society, arising from the interaction of the impediments to which refers to the inciso I with diverse barriers.

§ 6 ° The benefit may be granted in cases where it is not possible to predict the duration of impediments to which the inciso I of § 5 is concerned, but there is the possibility that they will extend over the long term.

§ 7 ° In the hypothesis provided for in § 6 °, the beneficiaries should be given priority subject to new social and medical assessments, every two years. " (NR)

" Art. 17. In the hypothesis that there are no relevant services for assessment of disability and the degree of impediment in the applicant's municipality of residence or beneficiary, you are assured of your forwarding to the nearest municipality that count on such structure, owing the INSS to carry out the payment of the transport and daily expenses with resources coming from the National Social Assistance Fund.

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§ 3 ° Case the applicant or beneficiary is unable to perform at the place of realization of the disability assessment and the degree of impediment to which the caputrefers, the professionals should move up to the person concerned. " (NR)

" Art. 20. ...................................................................................

Paragraph single. For the purposes of updating the paid values arrears, the same criteria adopted by the previdential legislation will be applied. " (NR)

" Art. 27. The payment of the Continued Pressure Benefit may be anticipated exceptionally, in the hypothesis provided for in § 1 ° of the art. 169 of Decree n ° 3,048, of May 6, 1999. " (NR)

" Art. 30. For receiving purposes of the Continued Gift Benefit, it is accepted the constitution of prosecutor with more than one proxy instrument, in the cases of beneficiaries represented by first-degree relatives and in the cases of beneficiaries represented by leaders of institutions in which they find themselves welcomed, while also being admitted, in the latter case, the instrument of collective proxy. " (NR)

" Art. 35-A. The beneficiary, or his / her legal representative, shall inform the INSS changes of the cadastral data corresponding to the change of name, address and marital status, the fruition of any benefit under the Social Security or other regime, its admittance into employment or the perception of income of any nature eluded in the inciso VI of the art's caput . 4 °. " (NR)

" Art. 37. ...................................................................................

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§ 3 ° For the fulfillment of the willing caput, as well as par to subsidize the biennial reassessment process, the beneficiaries and their families are expected to be enrolled in the Single Cadet for Social Programs of the Federal Government-CadSingle, provided for in Decree No. 6,135 of June 26, 2007, observed applicable legislation. " (NR)

" Art. 47. The Continued Benefit benefit will be suspended if identified any wrongdoing in its concession or maintenance, or if verified the non-continuity of the conditions that gave rise to the benefit.

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§ 2 ° On the impossibility of notification of the beneficiary by post with acknowledgement of receipt, should be effectuated notification by edital and granted the term of fifteen days, counted from the first working day following the day of publication, for defence presentation, evidence or documents by the person concerned.

§ 3 ° The edital referred to in § 2 ° is to be published in newspaper of great circulation in the locality of the beneficiary's domicile.

§ 4 ° Esgoted the deadlines of which deal with § § 1 ° and 2 ° without manifestation of the person concerned or not being the defence received, will be suspended the payment of the benefit and, notified the beneficiary, will be open the deadline from thirty days to resource interposition to the Resource Board of the Social Security Resources Board.

§ 5 ° Elapsed time limit granted for interposition of resource without manifestation of the beneficiary, or case it is not the resource propped up, the benefit will be ceased, communicating the decision to the person concerned. " (NR)

" Art. 47-A. Continued Gift Benefit will be suspended in special character when the person with a disability exerts paid activity, including in the condition of individual microentrepreneur, upon proof of the labor relationship or activity entrepreneur.

§ 1 ° The payment of the benefit suspended in the form of the caput will be reinstated upon application by the person concerned that proves the extinction of the labor relationship or of the entrepreneurial activity, and, where the case is the case, the termination of the payment term of the insurance-unemployment, without having the beneficiary acquired right to any benefit under Social Security.

§ 2 ° The benefit will be reinstated:

I-from the day immediately later, as the case, of the termination of the employment contract, of the last competence of pension contribution collected as individual taxpayer or from the termination of the payment term of the segurounemployment; or

II-as of the date of the protocol of the application, when required after ninety days, as the case may be, of the cessation of the labor contract, the last pension contribution competence collected as an individual taxpayer or the termination of the insurance payout term-unemployment.

§ 3 ° In the predicted hypothesis in the caput, the deadline for the biennial reassessment of the predicted benefit in art. 42 will be suspended, going back to running, if it is the case, from the re-establishment of the benefit payment.

§ 4 ° The restoration of the payment of the benefit prescinde of new assessment of disability and degree of hindrance, respected the deadline for the biennial reassessment.

§ 5 ° The person with a disability contracted in the condition of apprentice will have their benefit suspended only after the two-year period of receiving concomitant of the remuneration and benefit, pursuant to § 2 ° of the art. 21-A of Law n ° 8,742, of December 7, 1993. " (NR)

" Art. 48. ...................................................................................

I-at the time they are overcome the conditions that gave it origin;

II-in the case of death of the beneficiary;

III-in the event of the presumed death or absence of the beneficiary, declared in judgment; or

IV-in case of a finding of irregularity in its concession or maintenance.

Single paragraph. The beneficiary or his family members are required to inform the INSS the occurrence of the situations described in the incisels I to III of the caput. " (NR)

" Art. 48-A. Joint Act of the Ministry of Social Development and Combating Hunger and INSS will have on the operationalization of the suspension and cessation of the Continued Pressure Benefit. " (NR)

" Art. 49. It is up to the INSS, without prejudice to the application of other legal measures, to adopt the necessary arrangements for the restitution of the value of the benefit paid improperly, in the event of a lack of communication of the arched facts in the incisors I to III of the caput of the art. 48, or in case of practice, by the beneficiary or third parties, of act with dolo, fraud or bad faith.

§ 1 ° The amount unduly paid will be corrected by the same index used for the monthly update of the contribution wages used for ascertaining the benefits of the General Social Welfare Regime, and is to be restituted, under penalty of enrolment in Active Debt and collection judicial.

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§ 3 ° The restitution of the due value should be made in only instalment, within sixty days counted from the date of notification, or by arrangement of parceling, in up to sixty months, in the form of the art. 244 of the Social Welfare Regulation, approved by Decree No. 3,048, of 1999, ressaved the payment on consignment provided for in § 2 °.

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§ 6 ° In no hypothesis will be consigned debits originating from pension benefits in Benefits of Continued Prestation. " (NR)

Art. 2 ° This Decree comes into effect on the date of its publication.

Brasilia, November 17, 2011; 190 ° of Independence and 123 ° of the Republic.

DILMA ROUSSEFF

Garibaldi Alves Filho

Tereza Campello