Who is entitled to Prison Assistance and how to apply without errors

Among the social security benefits guaranteed by the Federal Constitution and regulated by the INSS, the Prison Assistance still raises many doubts and even controversies.

Part of the population is unaware of who is actually entitled to the benefit, while another portion believes in myths spread on social media, such as the idea that it functions as "help for prisoners."

In practice, the objective of the aid is completely different: to guarantee support for dependents who are left in a situation of financial vulnerability when the family's breadwinner is deprived of his or her freedom.

Understanding the granting criteria, the most common errors in applications, and the steps to apply correctly can help prevent unfair denials and delays in receiving the benefit.

Summary

1. What is the Prison Assistance?
2. Who is really entitled to the benefit?
   • Direct and indirect dependents
   • Low-income and insured status requirements
3. Differences between Prison Assistance and other INSS benefits
4. Required documents and how to prepare the application without errors
5. How to apply for Incarceration Assistance from the INSS step by step
6. Main mistakes that lead to rejection and how to avoid them
7. Practical examples and real cases
8. Conclusion
9. Frequently asked questions

What is the Prison Assistance?

Prison Assistance is a benefit paid by the INSS to dependents of insured individuals imprisoned in closed or semi-open prisons.

It is not a payment to the inmate, but to the family that depends on his income.

According to data from the Social Security Secretariat, less than 50 thousand families in Brazil currently receive the benefit — a number much lower than that of other social security benefits, dismantling the idea that it is a widely distributed benefit.

Who is really entitled to the benefit?

Direct and indirect dependents

The right to Prison Assistance follows the same logic as INSS dependency in cases of survivor's pensions. Dependents are divided into classes:

• First class: spouse, partner and children under 21 or disabled.
• Second class: parents of the insured, provided they prove economic dependence.
• Third class: siblings under 21 years of age or disabled, also upon proof of dependency.

Priority is always given to first class. Parents or siblings may only apply if there are no direct dependents.

See also: Sickness benefit for MEI: what is it, how does it work and how to apply?

Low-income and insured status requirements

It's not enough to simply be dependent. The insured prisoner must meet important requirements:

1. Low income: the last contribution salary must be at the ceiling stipulated by the INSS. In 2025, this value is R$ 1,819.26.
2. Insured status: the prisoner must be up to date with contributions or in the so-called “grace period”, which guarantees coverage even without recent payment.
3. Closed or semi-open regime: inmates in open regime or under house arrest are not entitled to assistance.

Differences between Prison Assistance and other INSS benefits

It's common for families to confuse Prison Assistance with survivor's pensions or even unemployment insurance. The difference is clear:

• Prison Assistance: paid while the insured is in prison, to support the family.
• Survivor's pension: paid after the death of the insured.
• Unemployment insurance: aimed at workers unemployed without just cause.

Knowing how to distinguish between them avoids errors in the order and frustrations during the analysis.

+ Benefits for artisanal fishermen: Closed season insurance

Required documents and how to prepare the application without errors

The list of documents is extensive, but preparing the process correctly reduces the risk of rejection:

• Personal documents of the dependent (RG, CPF, birth or marriage certificate).
• Documents of the insured prisoner (ID, CPF, work card, CNIS).
• Declaration of imprisonment issued by the prison system, updated every three months.
• Proof of income to verify whether the insured person qualifies as low-income.

A common mistake is submitting an expired prison declaration. The INSS requires periodic updates, and failure to do so can result in immediate suspension of benefits.

How to apply for Incarceration Assistance from the INSS step by step

The order can be made digitally, avoiding long lines. The process is as follows:

1. Access the website or app My INSS.
2. Click on “Appointments/Requests”.
3. Select “New Request” and search for Prison Assistance.
4. Send the scanned documents.
5. Wait for the INSS analysis, which may request additional information.

The average response time is 45 days, but this may vary. In the event of a denial, an administrative appeal may be filed and, if necessary, legal action may be taken.

Main mistakes that lead to rejection and how to avoid them

Many requests are denied for simple reasons:

• Declaration of expired imprisonment.
• Lack of proof of insured status.
• Dependent not correctly included in CNIS.
• Mismatched information between documents.

Social security lawyers recommend always reviewing every detail and, if possible, seeking specialized support.

A study conducted by the National Association of Federal Public Defenders showed that approximately 40% of the Prison Assistance resources are accepted after documentation corrections.

Comparative Table of Prison Assistance

Practical examples and real cases

Imagine a self-employed worker who contributes to the INSS as an MEI, with an average income of R$ 1,500 per month.

He is incarcerated in a closed regime and leaves behind two young children. In this case, dependents are entitled to Prison Assistance, as long as their contributions are up to date.

In another example, a civil servant is arrested. Since he doesn't contribute to the INSS (National Institute of Social Security), but rather to his own pension scheme, his family won't be entitled to benefits, leading to many frustrated claims.

These examples prove the importance of understanding the rules before starting the process.

Conclusion

Ultimately, Prison Assistance is a social guarantee designed to protect families in vulnerable situations, not a reward for prisoners.

To gain access, it is essential to understand who is eligible, how the low-income criteria work, what documents to present, and how to apply correctly.

Preparing well avoids mistakes that can delay or even make the benefit unfeasible.

By understanding the process and seeking up-to-date information, families can secure a right that can make all the difference in difficult times.

Frequently Asked Questions

1. Does the prisoner receive the Prison Allowance directly?
No. The benefit is paid exclusively to dependents, such as children, spouses or parents.

2. Can someone who has never contributed to the INSS be entitled to the benefit?
No. Prison Assistance is only granted to dependents of insured individuals who have a relationship with the INSS.

3. Can the aid be combined with other benefits?
It depends. As a rule, it can be combined with the survivor's pension of another insured, but not with benefits from the same funder.

4. How long does the Prison Assistance last?
While the prison term is in closed or semi-open regime, as long as the dependents maintain the requirements.

5. Is it necessary to renew the order?
No. However, it is necessary to submit an updated prison declaration every three months.