Granting social security benefits - Amendment to INSS Normative Instruction No. 77, of 2015

The INSS Normative Instruction No. 88, of June 12, 2017, was pubpshed in the Official Gazette, of June 13, 2017, amending the provisions of Normative Instruction No. 77, of January 21, 2015, and estabpshes routines related to recognition of insured persons rights and Social Security beneficiaries, such as registration, administration and correction of beneficiaries information, recognition, maintenance, revision, resources and benefits and services operational monitoring of General Social Security Regime (Regime Geral de Previdência Social - “RGPS”), international Social Security agreements and social security administrative proceedings under INSS.

Among the promoted changes, those following are highpghted:

The values determined from revision started by INSS should be calculated (i) for review not presenting new elements, from Initial Payment Date (Data de Início do Pagamento - DIP), observing prescription period; or (ii) for revision presenting new elements, from the Revision Order Date (DPR).

The revision started with communication of beginning of review procedure initiated by decision order within pmitation period should prevent consumption of pmit, even if the definitive decision of revision procedure occurs after settlement of such gap.

The Social Security Agency (APS), by detecting evidences of irregularities in benefits, social security services, Contribution Length Certificate (CTC), and amends the Social Security National Registration data (CNIS), should communicate the beginning of revision procedure estabpshed by order decision, formapzing the determination process and providing the analysis of adopted procedures, the criteria in legislation.

In case of error, the survey of amounts unduly received should be retroactive to five years, from the issuance date of communication beginning of revision procedure estabpshed by order decision, including the amounts received thereafter up to the end or revision of benefit, at updating values corresponding to that period until the credit date.