The Social Security Bank (BPS) announced the harmonization of two laws that will allow family members of victims of domestic violence access a better service.
In the framework of the International Day for the Elimination of Violence against Women, the director of the BPS, Daniela Barindelli, informed The Observer that the “harmonization” from the Law 18,850, that created a monthly, non-contributory pension and a special family allowance for children of victims who died of domestic violence and the Law 19.039 that stipulated a pension for victims of violent crimes.
Through Law 18,850, access to a pension of $ 13,035 and a special family allowance of $ 1,993 increases to $ 2,593 If the beneficiary is studying secondary or higher education, or has a physical or mental disability that prevents it.
Law 19.039, for its part, grants a pension of six Bases of Benefits and Contributions (BPC) that are equivalent to $ 29,220. At article 3, in its primary wording, it was intended for the relatives of murdered persons “on the occasion of crimes of looting, taking or kidnapping or when a person is completely incapacitated for all work“.
The Urgent Consideration Law (LUC) modified this article referring to a death “on the occasion of a criminal act or when a person is partially or totally incapacitated, permanently for all work“Therefore, domestic violence that is framed as a criminal act is included within the generating event of this pension.
“Consequently, the child of a victim of domestic violence is entitled to receive a pension for violent crime, which is a much higher amount than the previous one. You can also collect the special family allowance which was created by the domestic violence law and receive the psychological help provided by the BPS. It was possible to harmonize the two laws and the children of victims who died in circumstances of domestic violence, They can agree to collect the benefit of Law 19,039, which is more beneficial and also be a beneficiary of the family allowance established in Law 18,850“Barindelli explained.
Thus, the relatives of victims of domestic violence that have occurred after the entry into force of the LUC, will be able process the benefit by Law 19,039, and obtain higher income than they could receive through Law 18,850.
Modifications to the Renoa
Barindelli also reported that from the Accountability Law –which will come into effect in January 2022– an amendment will be implemented to the National Registry of Obliged Foods (Renoa), through which the BPS You will be able to access the databases of the parastatal banks as well as those of the military and the police in order to communicate to them about the withholdings and that these can be made properly.
“This is done so that when a trade arrives at the BPS for food withholding and the withheld is a contributor to some of them, the obligation to retain can be communicated to them and it is carried out. At present these trades cannot be communicated ”, explained the director.
