Decree No. 10,661/2021

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Posted: 03/30/2021

Decree regulating emergency aid for 2021 published

The new emergency aid (“Emergency Aid”) was regulated last Friday 03/26/2021), by Decree No. 10,661/2021. The Emergency Aid was created by Provisional Presidential Decree No. 1,039/2021 to alleviate the economic effects resulting from the Covid-19 pandemic in Brazil.

Decree No. 10,661 establishes the payment of 4 monthly installments of R$ 250.00 and establishes the eligibility criteria for its concession, form of payment, limitations and differentiated values, highlighting the existing relationship with the emergency aid granted in 2020.

Eligibility criteria

The beneficiaries of the new emergency aid will be the same as those eligible for the 2020 group¹. The criteria for someone to be eligible are:

• Be over 18 years of age, except teenage mothers;
• Having no active formal employment, or if any, having stopped receiving remuneration for 3 months or more;
• Not being in the condition of public agent;
• Not having a social security, assistance, labor or being beneficiary of unemployment insurance or a federal income transfer program;
• Have monthly family income per capita of up to half a minimum wage or total monthly family income of up to 3 minimum wages;
• Not be a resident of another country;
• Not be imprisoned under closed conditions;
• Not have an indication of death;
• Not be an intern, medical resident or multiprofessional resident, beneficiary of any scholarship granted by a public, municipal, state or federal agency;
• Not having handled any of the installments with credit accepted or made effective by the Emergency Aid referred to in art. 2 of Law No. 13,982;
• Not having received taxable income above R$ 28,559.70 in 2019;
• Not having possession or ownership of goods or rights, including bare land, with a total value exceeding R$ 300,000.00 on December 31, 2019;
• Not having received exempt, non-taxable or exclusively taxed income, in an amount greater than R$ 40,000.00 in 2019; and
• Not being included as a taxpayer’s dependent on Individual Income Tax in 2019.

Eligible workers due to a judicial decision, extrajudicial answer within the scope of the Federal Public Defender’s Office or due to the processing of an official letter by the Ministry of Citizenship are also included.

Limitations

Contrary to what was established for 2020, the granting of the new emergency aid will be due only to one member of the family group, and it is not possible to combine it with any other federal emergency aid. For Bolsa Família beneficiaries, the benefit that is most advantageous will be due.

To meet the limitation of payment of Emergency Aid to one beneficiary per family, workers will have preference, in the following order:

• Woman providing for a single-parent family;
• Individual with oldest date of birth and, for tiebreaker purposes, female;
• In alphabetical order of the name, if necessary, for tie-breaking purposes.

Payment method

The beneficiary who has already received the aid in 2020 will not need to make a new application, but the beneficiary must be regularly enrolled in the CPF, with the Special Secretariat of the Federal Revenue of Brazil of the Ministry of Economy.

The withdrawal of the amounts may be made by accounting or bank account, including digital social savings. The financial institution responsible for the payment of the amounts will be prohibited from making discounts or compensations that imply the reduction of the amount of Emergency Aid 2021, under the pretext of recovering negative balances or paying off pre-existing debts.

Finally, for the aid payment to continue month by month, the beneficiary may not, during the Emergency Benefit period:

• To acquire formal active employment;
• To receive financial funds from social security, assistance or labor benefits or from a federal income transfer program;
• To have an indication of death; and
• To be imprisoned under closed conditions;

Differentiated values

Despite the payment of 4 R$ 250.00monthly installments, Decree 10,661 instituted different amounts for certain situations:

• Women providing for a single-parent family will receive 4 monthly installments of R$ 375.00; and
• In single-person family, the monthly benefit will be of R$ 150.00.

¹ Defined in Article 2 of Law No. 13,982/2020 and Provisional Presidential Decree No. 1,000/2020, subject to the provisions of art. 4 of Decree No. 10,661.