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Emergency Aid: Will installments paid incorrectly be charged double?

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A bill is being processed in the Chamber of Deputies that could oblige beneficiaries of emergency aid who received the amounts unduly, that is, without the right to the benefit and contrary to the rules, to return double the amount received.

The project is by deputy Charles Fernandes (PSD-BA) and awaits the appointment of a rapporteur from the Social Security and Family Commission (CSSF).

According to PL 1,925/22, if the citizen fails to refund amounts unduly paid, the government may, through an administrative act or judicial process, charge double the amount received. The Chamber of Deputies is still analyzing the project and there is no date for a vote in the Plenary.

What does the PL say about amounts paid unduly

According to the project, the Ministry of Citizenship will cancel irregular benefits and the citizen will be notified to make a voluntary refund of the amounts received unduly.

The PL also provides that benefits received double as social security benefits (prohibited by law) can be deducted from Social Security itself when paying the citizen benefit.

Anyone who voluntarily returns the amount received unduly will not be charged double the amount. The charge only occurs after an administrative act or legal process brought by the union.

What is the destination of the amounts returned from Emergency Aid?

The proposal also provides that the refunded amounts will be used for a new resource base for the Emergency Aid program. 

Deputy Charles Fernandes (PSD-BA) said that the alleged beneficiary candidates acted in bad faith and received emergency aid without being entitled to it, or did so by misleading the information presented to the public body responsible for collecting the data.

The MP also adds that in a survey by the TCU (Federal Audit Court) carried out in April 2021, 7 million people received the aid amounts without complying with the requirements established by law, in which the loss was R$ 54 billion for the public coffers in 2020.

The project must also be analyzed by the Finance and Taxation Commission, the Constitutional and Justice Commission and the Citizenship Commission.

How to return undue amounts of Emergency Aid

For those who have been notified, the refund can be made in a simplified manner via the Ministry of Citizenship website, where a payment slip can be created at: https://devolucaoauxilioemergencial.cidadania.gov.br

A GRU (Collection Guide) is drawn up and the citizen who received the amounts unduly must make the payment voluntarily. 

Once the guide has been prepared, payment can be made via the Internet, self-service terminals and bank branches.

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About the author  /  Tiago Menger

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