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Insured Individuals with Concurrent Activities, Such as CLT and MEI, Can Receive More Than One INSS Benefit; See Legal Analysis
The right to maternity salary can be accumulated in specific situations, generating many doubts among INSS insured individuals. Brazilian social security legislation allows a worker to receive two or more benefits simultaneously, as long as she engages in concurrent activities and contributes individually for each of them.
It is crucial to understand that this is not a “double payment” for the same event (such as the birth of twins), but rather the right to a distinct benefit for each protected employment link. A detailed legal analysis reveals how this accumulation works in practice, especially after recent changes in the law and decisions from the Supreme Federal Court (STF).
What Defines Accumulation? The Concept of Concurrent Activities
The only scenario that authorizes the receipt of more than one maternity salary is the performance of concurrent activities. In Social Security Law, this means that the insured individual maintains, at the same time, more than one paid activity and contributes to the INSS for each of them. If social security protection aims to replace lost income during leave, and the insured has two sources of income (and two contributions), she has the right to two protections.
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The most common examples include professionals with two formal jobs (CLT) in different companies, or, an increasingly frequent scenario, an insured individual who is employed (CLT) at one place and also works as a Sole Proprietor (MEI) or freelancer. As detailed by the Capelin Advocacia portal, the simultaneous nature of the links and the regularity of contributions at the time of childbirth or adoption are essential conditions for the application.
The Legal Basis that Guarantees the Right
The possibility of accumulation is not a vague interpretation, but rather a clear determination of the legislation. The source of this authorization is explicit and serves as a basis for requests made to the INSS.
According to the legal blog Desmistificando, the central legal foundation is in Art. 98 of Decree No. 3.048/1999. This article, which regulates Social Security, unequivocally establishes: “The insured who engages in concurrent activities is entitled to the maternity salary relative to each activity for which she has met the required conditions…”. Therefore, the INSS norm itself validates the payment of multiple benefits, provided that the requirements for each category (such as insured status) are met.
Practical Scenarios: How CLT and MEI Receive the Benefit
Understanding how the payment occurs is vital. In the case of an insured individual who is CLT and simultaneously contributes as MEI, the benefits are managed in distinct ways, as explained by the Capelin Advocacia website. The CLT link will have the maternity salary paid directly by the company (which is later reimbursed by the INSS), at the full amount of her salary. Meanwhile, the benefit concerning the MEI is paid directly by the INSS, based on the average of individual contributions, and must be actively requested through the “Meu INSS” platform.
The same logic applies to those with two CLT jobs: each company will pay the benefit corresponding to its employment contract. The critical requirement in all scenarios, reinforced by Capelin Advocacia, is the maintenance of insured status in both links. If the insured individual stopped contributing as MEI for several months and lost that status, she will not be entitled to the benefit from that link, even if the CLT position is active.
Change in Calculation: The End of Disadvantage to the Insured
Historically, even having the right to accumulation, insured individuals were disadvantaged by the INSS calculation methodology, which divided activities into “primary” and “secondary,” paying only a fraction of the second link.
This distortion was corrected by Law No. 13.846/2019. According to analyses from the Desmistificando portal on the subject, this law amended Art. 32 of Law No. 8.213/91. The new rule states that the calculation must use the sum of contribution salaries from the activities, respecting the social security ceiling. This ensures that the benefit amount reflects the total contributions made by the worker.
The Impact of the STF Decision on Eligibility Period
A significant barrier to accumulating maternity salary was recently removed by the Supreme Federal Court (STF). Previously, individual contributors (such as MEI and freelancers) needed a 10-month eligibility period (minimum contribution) to access the benefit, while those under CLT did not have this requirement.
The Capelin Advocacia highlights that the STF, when judging ADIs 2110 and 2111, declared this 10-month requirement unconstitutional. Now, for MEIs and freelancers, it is sufficient to have one valid contribution before childbirth, as long as insured status is maintained. This decision has made accumulation (CLT + MEI) much more accessible, protecting women who formalize a parallel activity shortly before becoming pregnant.
What Does Not Generate Double Payment?
It is essential to differentiate accumulation from concurrent activities from common myths. The most frequent question is about multiple births: the birth of twins or triplets does not entitle one to double maternity salary or an extended leave period. The benefit-generating event is childbirth (a single event), not the number of children. The standard leave period of 120 days remains.
Additionally, maternity salary is non-accumulative with other benefits that also replace income, such as Sickness Benefit (Benefit for Temporary Inability) or Unemployment Insurance. If the insured individual is receiving sickness benefit and childbirth occurs, the sickness benefit is suspended, and the maternity benefit begins.
Legal analysis confirms that the accumulation of maternity salary is a solid right for those with concurrent activities who meet the requirements for each link. Recent changes in calculation and the end of the eligibility period for MEIs have made this right fairer and more accessible, valuing women’s full contribution in the labor market.
Do you agree with this change? Do you think it impacts the market? Leave your opinion in the comments; we want to hear from those who live this in practice.
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