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Regulation Details Calculation of BPC Income, Expands Legal Exclusions, and Authorizes Deduction of Health Expenses, Focusing on Benefit Maintenance in Variable Income Scenarios and Greater Use of Official Data from the Federal Government.
A joint ordinance published by the Ministry of Development and Social Assistance, Family and Combatting Hunger (MDS) and the National Institute of Social Security (INSS) established new procedures for the Continuous Cash Benefit (BPC).
The text details criteria for family income assessment.
It also establishes which amounts can be excluded from the calculation.
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In addition, it regulates the deduction of ongoing health expenses that are not offered by the Unified Health System (SUS) or the network of the Unified Social Assistance System (SUAS).
The regulation is the Joint Ordinance MDS/INSS No. 34, published in the Official Gazette of the Union in October 2025.
Among the main points, the administrative act reaffirms that the BPC is due when the per capita family income remains equal to or less than one quarter of the minimum wage.
The text also formalizes the possibility of using, for this verification, the income from the last analyzed month or the average of the last 12 months, according to criteria established by the federal government.
BPC Income Calculation Now Considers Annual Average
Until the issuance of the ordinance, identifying income above the limit in a single month could lead to the blocking or revision of the benefit.
This occurred even when the family quickly returned to the income level required by legislation.
With the new regulation, the MDS and the INSS began to accept the analysis of income averages of up to 12 months, in addition to the income of the month immediately prior to the evaluation.
In an institutional statement, the national secretary of Assistive Benefits at the MDS, Amarildo Baesso, stated that the update aims to adapt administrative procedures to the reality of families with variable incomes.
According to him, the goal is to avoid the loss of benefits due to specific changes.
Despite the methodological change, the legal limit remains unchanged.
The BPC remains conditioned to a per capita family income of up to one quarter of the minimum wage.
In 2025, with the national minimum wage set at R$ 1,518, this ceiling corresponds to R$ 379.50 per person, before applying the exclusions and deductions provided for in the ordinance itself.
Who Is Entitled to BPC and Can Maintain the Benefit
The Continuous Cash Benefit is an assistive benefit provided for in the Organic Law of Social Assistance (LOAS).
It is intended for elderly persons aged 65 and older, and for persons with disabilities of any age.
To be entitled, it is necessary to prove a situation of economic vulnerability.
The joint ordinance does not alter the legal requirements for access to the BPC.
The text details how the INSS should proceed with the granting, maintenance, and review of the benefit.
The regulation emphasizes that family income can be assessed based on the last available month or the average of the last 12 months.
This analysis must always respect the current legal limit.
The obligation to register and update the Unified Registry for Federal Government Social Programs (CadÚnico) is also highlighted.
According to the regulation, the information declared in the registration serves as the basis for benefit analysis.
These data may be cross-checked with other official public administration sources.
Income That Is Not Included in BPC Calculation
One of the central points of the regulation is the definition of amounts that should not be considered in the assessment of family income.
Joint Ordinance No. 34 explicitly lists these incomes.
The following do not enter the BPC calculation:
- Internship stipends.
- Income from apprenticeship contracts.
- Temporary financial aid or compensation related to the rupture or collapse of dams, when not of a permanent nature.
- Another BPC received by an elderly person or person with disabilities who is part of the same family group.
- A pension benefit of up to one minimum wage, such as retirement or a pension, granted to an elderly person aged 65 or older or a person with disabilities, respecting the one benefit per member limit.
If a single family member receives more than one pension benefit of up to one minimum wage, only one of them may be disregarded in the income calculation.
The regulation also addresses the inclusion allowance.
In this situation, the allowance amount and the beneficiary’s income may be excluded from the calculation when they are used solely to maintain the BPC granted to another member of the same family unit.
Deduction of Health Expenses from Family Income
Besides income exclusions, the ordinance authorizes the deduction of certain expenses from the monthly gross family income.
Continuous and proven expenses for the following may be deducted:
- Health treatments.
- Medications.
- Diapers.
- Special foods.
These expenses must be related to the elderly person or person with disabilities.
The deduction is only allowed when the products or services are not offered free of charge by SUS or SUAS.
For the deduction to be accepted, the applicant must present documentation proving the necessity and continuity of the expense.
The regulation establishes average parameters for these costs.
The text allows citizens to prove expenses exceeding the average, provided they present receipts from the 12 months prior to the request.
In the case of children under one year old, receipts covering the entire period of life may be considered.
Deadline for Regularization and Use of Official Data
The joint ordinance also regulates the administrative deadlines applicable to the BPC.
When the INSS identifies pending issues or missing documents, the applicant is notified.
From the notification, there is a period of up to 30 days to present the requested information.
Failure to comply within this period may result in the termination of the request.
In such cases, it is necessary to initiate a new request.
The text establishes that the income analysis may use information from the CadÚnico and other official federal government sources.
The application for BPC can be made directly to the INSS.
It is also possible to request the benefit through public social assistance units, in cases where there is an agreement within the SUAS framework.
Inclusion Allowance and Entry into the Job Market
The regulation dedicates part of the text to the conversion of BPC into inclusion allowance.
This conversion occurs when the person with disabilities enters the formal job market.
The rule applies to paid activities with income of up to two minimum wages.
The inclusion allowance corresponds to half a minimum wage, as provided for in specific legislation.
According to information released by the federal government, the measure organizes the transition between the assistive benefit and the work relationship.
The regulation aims to ensure that this change occurs within the current legal parameters.
With the new rules, the granting and maintenance of BPC become even more dependent on registration regularity and adequate proof of income and expenses.
In this context, how can the INSS and the social assistance network improve communication with beneficiaries to reduce doubts and inconsistencies in requests?
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