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Justice Eases BPC Rule: 2024 and 2025 Decisions Ensure Benefits for Children with Autism Even with Income Above the Limit, Based on STF.
The Continuous Cash Benefit (BPC), provided for in the Organic Law of Social Assistance (LOAS – Law No. 8,742/1993), is one of the pillars of social protection in the country. It guarantees a minimum wage to elderly individuals over 65 years old and to people with disabilities of any age in situations of vulnerability. For many years, access was tied to the objective criterion of family per capita income below ¼ of the minimum wage. But case law has evolved: when the cold letter of the law collides with human dignity — especially in cases of disabilities that impose high costs — the criterion can be relaxed.
This shift became clear in recent decisions with specific dates and contexts: on December 11, 2024, the 17th Federal Court of Porto Alegre granted BPC to a girl with autism even with formal income above the limit; on April 1, 2025, the Tenth Panel of TRF-3 confirmed benefits for a child with ASD in a vulnerable situation; and, on May 14, 2025, the Federal Court of Santa Maria (RS) ruled in favor of a BPC request for a child with autism, reinforcing the path already opened by case law.
The Decisions That Shape Understanding
- 12/11/2024 – 17th Federal Court of Porto Alegre (RS): ruling guarantees BPC to a child with ASD despite per capita income exceeding the legal parameter. The central finding was the realization, in the specific case, that the monthly expenses with therapies, consultations, and medications rendered the family vulnerable, relativizing the economic criterion.
- 04/01/2025 – TRF-3 (Tenth Panel): the court confirms a ruling against INSS to grant BPC to a child with autism. Although the administrative narrative pointed to a higher family income, the panel valued the actual reality of support: the parent listed as the source of income did not reside with the minor nor contributed to everyday expenses.
- 05/14/2025 – Federal Court of Santa Maria (RS): validity of the BPC request for a child with Autism Spectrum Disorder, reinforcing that social vulnerability and extraordinary expenses for specialized care justify departing from the arithmetic rigidity.
There is also a nearby precedent in TRF-4: on July 1, 2024, the court upheld BPC for a woman with autism, highlighting that economic need can be demonstrated beyond the fixed income number, when the evidence in the records reveals vulnerability.
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Why the Income Criterion Is Not Absolute
The shift has constitutional roots and was paved in 2013 by the Supreme Federal Court. On 04/18/2013, in RE 567.985 (MT) and Rcl 4.374 (PE), the STF recognized that the parameter of ¼ of the minimum wage cannot be applied automatically and inflexibly, with the Judiciary needing to consider other elements of evidence of vulnerability (health expenses, therapies, medications, family structure, exclusions of legal incomes, etc.).
Since then, the STJ and the Regional Federal Courts have been consolidating decisions that relax income when the social reality evidences need, including in cases of autism — a situation that generally requires multidisciplinary therapies and continuous monitoring.
Autism and Care Costs: The Data That Gross Income Does Not See
The Autism Spectrum Disorder (ASD) often requires speech therapy, occupational therapy, psychology, specialized educational support, and, in many cases, medication.
Even with SUS and health plans, a significant portion of therapies remains out of coverage, resulting in direct out-of-pocket costs.
It is not uncommon for these costs to exceed several thousand reais per month — something that practically disconfigures the apparent “comfort” measured by a formal income slightly above ¼ of the minimum wage.
It is precisely this mismatch between nominal income and real expenses that has led the Judiciary, since 2013, to accept proof of vulnerability as an adequate element to open the door to BPC, including for autistic children.
Step by Step: How Families of Children with ASD Can Request BPC
- Updated CadÚnico — registration and updates are mandatory for assistance benefits.
- Request at INSS — can be made through Meu INSS (app/site) or in person.
- Robust medical documentation — reports with ICD, history of therapies, reports from professionals (speech, OT, psychology), prescriptions, receipts, and invoices;
- Social Evaluation — the social study is crucial to demonstrate extraordinary expenses and the family organization of care;
- Judicialization (if necessary) — if INSS denies based only on ¼ of the minimum wage, the judicial route allows to relativize the criterion with evidence from the specific case, as evidenced by the decisions of 12/11/2024, 04/01/2025, and 05/14/2025 above.
Other Legal Points That Help in Income Analysis (With Dated Support)
- Exclusions in Calculation: the case law of the TRFs has reaffirmed the exclusion of certain benefits (e.g., up to one minimum wage received by the elderly) from the calculation of family income for BPC, which can lower per capita income and open the right to benefits.
- Non-computable Social Benefits: recent decisions in TRF-3, such as on 09/02/2025, indicate that welfare assists like Bolsa Família should not be included in income to deny BPC, strengthening social protection.
What These Decisions Mean in Practice
The combination of the STF thesis from 2013 and the cases from 2024-2025 forms a clear path: it is not enough to sum up salaries; it is necessary to look at real life.
When the family proves recurring and unavoidable expenses for ASD therapies, travel, medications, and adaptations, the “spreadsheet” per capita income fails to reveal true vulnerability — and the BPC can and should be granted.
It was so in Porto Alegre (12/11/2024), when the judge recognized the mismatch between income and care costs; it was so in São Paulo (01/04/2025), when TRF-3 found that the income attributed to the father did not support the child’s life; and it was so in Santa Maria (05/14/2025), when the Judiciary accepted concrete evidence of need.
Where Do We Go From Here
These rulings, close in time and marked by precise dates, should guide new analyses by INSS and new sentences.
At the same time, they press the Legislative to update the LOAS or subsequential regulations, aligning administrative criteria with the social reality that the Judiciary has recognized since 2013.
In the meantime, families of children with ASD who have not obtained BPC through the administrative route have legal support to seek benefits in court, as long as they carefully document the clinical condition and the real household economy — not just gross income.
BPC and Autism: Decisions with Dates That Matter
- STF (04/18/2013) relativizes the ¼ minimum wage (RE 567.985/Rcl 4.374) and opens the door for concrete case analysis.
- TRF-4 (07/01/2024) maintains BPC for a woman with autism, reinforcing proof of vulnerability beyond income.
- 17th Federal Court of Porto Alegre (12/11/2024) grants BPC to a girl with autism, even with income above the limit.
- TRF-3 (04/01/2025) confirms BPC for a child with ASD with proven vulnerability.
- Federal Court of Santa Maria (05/14/2025) grants BPC to a child with autism, given extraordinary expenses.
Muito justo