The Social Security Law No. 105 of 2008, establishes in its article4 that the social assistance system protects any person not fit to work who lacks family members able to provide help. The protection of social assistance is granted through monetary benefits, species and services.
For its part, Chapter II of the monetary benefits of Decree, No. 283, Regulation of the law, reestablishes the granting of these benefits, which according to their nature may be temporary or eventual. It also regulates that in exceptional cases, the Minister of Labor and Social Security may grant exceptional temporary monetary benefits from the Social Regime in amounts greater than those contained in the established scale.
All benefit proposals are submitted to the Board of Directors of the municipal, provincial or national body, according to the level to which the decision corresponds, for its approval, denial or to offer a proposal to the higher level.
Eventual monetary benefits are those granted when the person or family nucleus, for exceptional and justified reasons, presents an emergent situation.
As provided in Decree No. 283, Regulation of the Law, it is considered an emergent situation, when there is a lack of family support and income to assume the immediate basic expenses for the maintenance of children, the elderly, people with disabilities, seriously ill or other payments that are considered non-deferrable.
Temporary monetary benefits are those granted for a term of up to one year, when it is expected that the situation of the family nucleus that originated its concession will last over time.
The amount of temporary benefits is fixed taking into account the established scale, conditioned to the number of members of the family nucleus and the need for protection, for which the following must be verified:
- Inability of the members of the family nucleus to enter employment, motivated by health situations, disabilities or other causes that justify it.
- Insufficiency of income to assume basic expenses.
- Lack of obligated relatives in a position to provide help.