Awareness of Autism Spectrum Disorder (ASD)

In support of the rights of those affected by Autism Spectrum Disorder (ASD), a health condition that impacts the development and behavior of individuals, making it more challenging for them to work, which can lead to social isolation, attorney Leonardo Ribeiro provides guidance on the laws that ensure rights for parents and the path to obtaining retirement benefits for their children with autism. The National Institute of Social Security (INSS) offers retirement options for people with disabilities (PWDs), temporary disability assistance, permanent disability retirement, and BPC/LOAS.

Parents of children with Autism Spectrum Disorder (ASD) who need to care for their children have guaranteed rights, such as reduced working hours and the right to withdraw the balance from their individual accounts in the Severance Indemnity Fund (FGTS) to help with professional support expenses. Another possibility is access to the Continuous Cash Benefit (BPC), guaranteed by the Organic Law of Social Assistance (LOAS), with a minimum wage granted to the mother to help care for the child, provided that the following requirements are met: it is necessary to prove that there are no conditions to provide for their own livelihood or receive family assistance, and in this case, the family income must be less than one-quarter of the current minimum wage (R$ 325.50 in April 2023) per family member; have registration in CadÚnico with the registration duly updated; prove the existence of the disability; and be a natural-born Brazilian or a naturalized Portuguese citizen.

Moreover, individuals suffering from ASD have rights to retirement in its different forms, such as disability by age, as if the autistic individual is considered a person with a disability, according to paragraph 2 of art. 1 of Law 12.764/2012, they are entitled to retirement, a benefit guaranteed to insured individuals who have mental, physical, sensory, or intellectual issues. The age for retirement based on contribution time will depend on the degree of ASD: women with 20 years for severe degree; 24 years for moderate degree; and 28 years for mild degree. For men, 25 years for severe degree; 29 years for moderate degree; and 33 years for mild degree. Retirement due to disability is related to individuals who are unable to work.