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Families Will Be Able to Temporarily Maintain the Income of the Deceased Insured for Up to Six Months While Awaiting the Analysis of the Death Pension, According to the Bill 1.804/2025 Under Discussion in the Chamber of Deputies.
The Bill 1.804/2025, presented by Deputy Pompeo de Mattos (PDT-RS), proposes the exceptional continuation of the payment of retirement benefits for General Social Security insured persons for up to six months after death.
The measure would apply only to families that prove exclusive economic dependency on the interrupted income.
The payment would automatically cease when the death pension is granted or at the end of the maximum stipulated period.
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The proposal remains with the Commission of Social Security, Social Assistance, Childhood, Adolescence and Family (CPASF), still without a designated rapporteur.
How the Temporary Income of INSS Works
Currently, retirement is interrupted as soon as the INSS registers the death of the insured, and dependents must apply for the death pension, which has specific requirements and deadlines.
The bill provides for a transitional arrangement, allowing retirement to be paid for up to six months for families that demonstrate exclusive dependency on the income of the deceased holder.
This temporary continuity only applies until the pension process is concluded or up to the limit of six months, avoiding overlap between benefits.
The text does not change eligibility rules, calculation, or duration of the death pension; it only addresses an exceptional authorization to maintain the payment of retirement while the new benefit is not implemented.
Eligibility Criteria and Proof
To access the measure, the family unit must prove that it was entirely dependent on the retirement income.
Additionally, the bill establishes three possible scenarios: absence of another formal source of income or social security benefit; lack of eligible dependent for the death pension under Law 8.213/1991; or presence of an eligible dependent whose pension has not yet been definitively granted.
If the pension is approved before the maximum period, the exceptional payment is automatically terminated.
The six-month period constitutes the limit, regardless of the progress of the process.
Procedure and Role of INSS
The project stipulates that the INSS will make the payment directly to the legal dependent who presents documents proving their relationship and economic dependency.
The details of the procedure will be defined by the Executive Branch, through regulation that must be published within 90 days after eventual approval.
According to social security experts heard by specialized outlets, the idea of using a simplified procedure aims to expedite the initial analysis, but its effectiveness will depend on the clarity of the regulation and integration with databases already used by the INSS.
The text also prohibits permanent social security effects: the temporary continuity does not apply to waiting period, reciprocal counting or accumulation, and does not generate an acquired right after the deadline.
Justification Presented by the Bill’s Author
In the official justification, the deputy states that the immediate interruption of retirement can create a gap in income for low-income families.
For him, the period between death and the granting of the pension is critical because, in practice, it leaves dependents without income for essential expenses.
The proposal seeks, according to the author, to guarantee a transition mechanism “to ensure the existential minimum” until the pension is implemented by the INSS.
Experts consulted in articles on the subject state that this interval tends to be variable and depends on the complexity of the case, which is why temporary financial support measures are often debated in legislative projects aimed at vulnerable populations.
Processing and Analysis in the Chamber’s Committees
The text is being processed conclusively. If approved by the committees without appeal to the Plenary, it will go directly to the Senate.
In the CPASF, the analysis of merit will take place. In the Finance and Taxation Commission, parliamentarians will assess budgetary and financial impacts, and may request projections from the Ministry of Social Security and the Ministry of Finance.
The Constitution and Justice Commission and Citizenship will examine constitutionality, legality, and legislative technique.
Legislative consultants point out that proposals involving the continuity of social security payments require a rigorous assessment of fiscal impact and compatibility with the budget, which usually prolongs the discussion in economic committees.
So far, there are no registered amendments and no committee has issued a report. The last official movement occurred in May 2025, with its submission for initial analysis in the CPASF.
Points That Will Depend on Executive Regulation
The text does not specify which documents will prove family connection and economic dependency.
This definition will be left to the regulation that will be developed by the Executive.
Experts in social security law believe that the regulation will tend to follow standards already used in death pensions, such as certificates, proof of residence, and income records, but the detailing depends on normative decision.
Other aspects also await definition, such as mechanisms to prevent fraud, income verification criteria, and procedures for cross-referencing information.
According to analysts consulted by social security entities, the clarity of these parameters will be essential to prevent family disputes and delays in service.
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