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The New Law 15.108/2025 Recognizes the Minor Under Judicial Custody as a Dependent for Social Security. The Norm Guarantees the Right to Death Benefits in INSS and Brings Specific Rules to Prove Custody, Economic Dependency, and the Insured’s Declaration.
The Law No. 15.108, enacted on March 13, 2025, and published on March 14, amended § 2 of Article 16 of Law 8.213/1991 and recognized the minor under judicial custody as a social security dependent, equating it to a child, provided there is a formal declaration from the insured and that the minor does not have sufficient means for their own support or education.
The change applies to requests in the General Social Security System and is decisive for the death benefits when the deceased was an insured person.
Who Can Request After the Change
The norm places, on the same level as biological children, stepchildren, minors under guardianship, and minors under judicial custody, all as first-class dependents, upon the insured’s declaration and proof of insufficiency for their own support and education.
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In other words, the “child of upbringing” under judicially recognized custody competes as a child under the same general conditions of age and disability.
Step by Step: How to Apply on Meu INSS
The application process is 100% online in most cases.
Access Meu INSS with your Gov.br login, choose “Death Benefits”, fill in the details of the deceased and the dependent, and attach the legible documents.
Upon completion, the system generates a protocol number and allows you to track it under “Check Requests”.
If you have questions, 135 operates as a support channel, from Monday to Saturday, from 7 AM to 10 PM (Brasília time).
Judicial Custody: What Counts and What Does Not Count
For administrative recognition, the custody must be judicial.
A provisional or definitive decision meets the objective requirement.
De Facto Custody, without a decision from the Judiciary, generally does not automatically confer dependency in INSS and tends to generate demands or rejections.
The judicial custody term, issued by the competent court, is the key document that identifies the minor and the guardian.
Insured’s Declaration: How to Present It
The law conditions the equivalence to the existence of a declaration from the insured recognizing the minor under custody as their dependent.
In practice, those who already possess this document signed during the insured’s lifetime — in the custody process, private instrument, or submitted to INSS — should scan and attach it along with the application.
If the family does not have this declaration, INSS may make specific demands during the analysis process.
Although the manuals are being updated, the guidance is to attach the existing formal declaration, when available, and reinforce the proof of economic dependency.
Economic Dependency: How to Prove Objectively
Unlike biological children under 21, whose dependency is presumed, the equivalent must demonstrate that they depended on the insured for essential expenses, housing, and education.
Useful proofs include:
- School History indicating the financial responsible party
- Proof of Expenses for health and food
- Rental Contracts in which the insured is listed as responsible for the minor
- Registrations in Social Programs
- Psychosocial Reports from the custody process
The more objective the proof, the lower the chance of additional demands.
Documents: What to Attach to the Request
The basic set includes:
- Death Certificate
- Documents of the Deceased Insured
- Documents of the Minor and the Guardian
- Judicial Custody Term
They should also include, when available:
- Proof of Residence demonstrating cohabitation
- School History with financial responsible party
- Receipts and Bills for Minor’s Expenses
- Declaration from the Insured about the Dependency
All files must be legible, with front and back in a single PDF when the document requires, respecting the maximum size per file.
Quality of the Deceased’s Insured Status: How to Verify
INSS grants death benefits when, at the time of death, the instituting party was contributing, was in the grace period, or was already retired.
Confirmation is usually done with CTPS, payment books, statements of links and contributions, and death certificate.
If there are doubts about maintaining the quality of insured status, the system may request supplements, analyzing records and additional evidence.
Deadlines Impacting Retroactive Payments
The law does not impose a final deadline to request the death benefits, but the start date for payments changes depending on the date of protocol.
General rule of Article 74: if the request is made within 90 days of death by the other dependents, the benefits are due from the date of death.
For minors under 16, the special deadline is up to 180 days.
Requests after these deadlines typically start on the date of the application.
For arrears, the five-year prescription period applies to the already due installments.
When the New Law Applies and When the Old Law Applies
In death benefits, the applicable legislation is that in effect at the time of death.
Thus, deaths occurring before March 14, 2025, follow the previous rule.
Deaths from this date are subject to the new equivalence of minors under custody as children, if the requirements are met.
In case of doubt, organize the documentation according to the date of the generating fact and clearly indicate the applicable legal regime in the Meu INSS form.
How to Attach, Monitor, and Fulfill Requirements
After protocol, track the process under “Check Requests”.
If INSS issues a request letter, the system will inform about the deadline and the type of additional document required.
The submission is done through Meu INSS itself.
If there are access difficulties, it is possible to schedule assistance through Central 135 for document scanning at the agency.
Not missing the deadline for the requirement avoids filing of the request.
Competition Among Dependents and Duration of Benefits
The minor under custody who proves dependency and presents the insured’s declaration competes as a child with other first-class dependents, with equal splits.
As a rule, the share for the child (and equivalents) is due until 21 years, except for disability or impairment under legal terms, situations that require expert evaluation.
Final Tips for a Smooth Application
Review the legibility of the files before attaching.
Consolidate documents with front and back into a single PDF.
Ensure that the insured’s declaration is signed and identified.
Confirm the email and cell phone in the registration, as INSS uses these channels for contact.
If there is a requirement, regularize within the deadline stated in the letter or in the system.
Given this guidance, which stage has caused the most doubt in your case: proving economic dependency, format of the insured’s declaration, or scanning and attachments in Meu INSS?
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