Maternity allowance: what is it and who is entitled?

Motherhood is an incredible phase, but the expenses with preparations for the arrival of the baby seem to have no end, be it for a pregnancy or adoption.

At that moment, all help is welcome. But many mothers are unaware that they are entitled to maternity aid, a benefit that can help with these expenses.

If you do not know what we are talking about, continue reading this text to find out if you are entitled to receive it.

What is maternity benefit?

Maternity allowance is a Social Security benefit. It is a remuneration paid to the person who leaves his / her work activity, whether due to the birth of a child, spontaneous abortion or adoption.

The benefit is also granted in cases of mothers with stillborn babies (term attributed to the fetus when it dies inside the maternal uterus, after the 20th week of pregnancy, or during labor).

The maternity wage is characterized as a social security benefit, and is ensured through decree No. 3,048 / 99:

“Art. 30. Regardless of the grace period, the granting of the following benefits does not apply: II – maternity salary, for the insured employed, domestic worker and individual worker. ”

The insured person may be a single worker, a domestic worker, a special insured person, an individual taxpayer, optional or unemployed, who gave birth or adopted a child and had to stop working to care for her.

Urban

Maternity assistance is granted to workers in the urban area, in any of the aforementioned settings, in the case of the birth of a child, stillborn baby, spontaneous abortion or adoption.

To this end, the insured must make the request for the benefit on the INSS portal, in which a registration must be made, simply filling in personal, labor and social security data.

Rural

The rural worker is also entitled to the benefit in the same cases: birth of a child, stillborn baby, spontaneous abortion or adoption.

In this case, workers from rural areas, artisanal or similar fishermen, who carry out their daily activity individually or with the help of the family, are considered special insured.

The INSS will request the documents that prove the realization of rural activity.

Who’s entitled?

Those entitled to receive maternity benefits are: CLT employees, independent workers *, domestic workers, insured under special conditions **, individual or optional taxpayers *** and unemployed women, mothers or adopters who have had to stop working to take care of the child.

* Individual workers: those who provide services to several companies, without employment, and may be hired by labor unions or labor management bodies (non-profit entities operating in the port sector).

** Special insured: rural workers who produce on a family economy basis, without using salaried labor.

*** Individual or optional taxpayers: self-employed or self-employed workers, with no employment or fixed income. Optional taxpayers are those over 16 years of age who do not have their own income.

Law 12.873 / 2013 of 2013 provides that maternity allowance can also be paid to the male adopter, in the event of the insured’s adoption or death, as long as he is insured by Social Security.

Is unemployed entitled?

The unemployed woman is also entitled to the benefit. The cases are the same: pregnant women, adopters, mothers who suffered spontaneous abortion or with the case of stillborn babies

For this, she must have the “quality of insured”, that is, have contributed at least 12 months to the INSS, before requesting the benefit.

The application process is the same as the other cases, it must be done through the INSS website. Further information can also be obtained through the portal.

E a microempreendedora individual?

According to the entrepreneur portal, the individual microentrepreneur (MEI) is also entitled to maternity assistance, in the same cases as other women.

The benefit will be paid directly by the INSS and the social security contribution will be automatically deducted from the benefit amount, referring to the time the insured is receiving.

The MEI of the male sex is also entitled to maternity wages, in cases of death of the spouse (pregnant woman), adoption or judicial custody for the purpose of adoption.

Who has never worked is entitled to maternity aid?

Those who have never worked can receive the benefit as long as they have contributed to the INSS for a minimum grace period of 10 months, through the Social Security booklet.

If the applicant becomes pregnant and starts to contribute after pregnancy, it will not be possible to apply for maternity assistance, since the grace period is 10 months of contribution before pregnancy.

How to enter to receive?

The assistance to receive the benefit is carried out through the internet or through the telephone number 135.

It is no longer necessary to go to an INSS service agency to apply for the benefit.

When making the request, the applicant receives the protocol and only needs to go to an agency if called for possible evidence.

Find out where and when to enter to receive the benefit, according to INSS guidelines in each case:

Part

  • Company employees : must place the order at the company, from 28 days before delivery;
  • Unemployed and other insured persons : they must apply for the benefit through the INSS from the date of delivery.

Adoption

  • All adopters : must apply for maternity aid, from 28 days before delivery at the INSS.

Miscarriage

  • Employees of companies : must place the order in the company itself, as from the occurrence of the abortion;
  • Unemployed and other insured persons : they must apply for the benefit through the INSS as of the occurrence of the abortion.

Steps for requesting

On the INSS website, the steps to apply for maternity assistance are listed:

  • Access the INSS portal;
  • Enter your login and password, if you don’t have one, perform the registration;
  • You will have to answer some questions according to your information in the INSS records;
  • Search the topic “Salário Maternidade Urbano” and follow the steps until you finish claiming the benefit.

The process is all digital and the request can be completed (approved or denied) without the need to go to an INSS agency.
In some cases, the INSS may summon the applicant for possible evidence and presentation of documents.

In such cases, the ideal is to consult the INSS portal and check which documents are required by the agency.

Who pays for maternity benefits?

According to the National Institute of Social Security (INSS), for women with a formal contract, the company pays the benefit and, therefore, they do not need to apply to the INSS.

For self- employed women, domestic workers and adopters, the INSS pays the benefit . In this case, it is necessary to apply for maternity assistance directly on the INSS website.


It is very important to know our rights, so as not to fail to take advantage of them, as is the case with maternity benefits, which can be requested online easily and quickly.

Did you already know about maternity aid? Have you received the benefit at any time? Tell us your experience. It can help many moms who are going through this process.

Keep following the Healthy Minute to learn more about everything that happens before, during and after pregnancy.

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