INSS (Brazil’s National Social Security Institute) Expands Process for Contesting and Recovering Improper Association Fee Deductions on Behalf of Heirs (IN PRES/INSS No. 197 of 17/09/2025, Published in the DOU, Brazil’s Federal Official Gazette, on 19/09/2025)

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Brazil’s National Social Security Institute (INSS) has widened the path for heirs and successors of deceased retirees and pensioners to contest and recover amounts taken from their benefits as association membership fees without valid authorization. The change consolidates a specific procedure set out in Normative Instruction PRES/INSS No. 197 of September 17, 2025, published in the Federal Official Gazette (Diário Oficial da União) on September 19, 2025.

What the New Normative Instruction Changes

The measure deals with so-called association deductions: the monthly fees that organizations, unions, and associations charge directly against a social security benefit payment. During the review of these deductions, many beneficiaries found charges they never authorized, or charges for which the organization could not prove it had authorization.

The central point of the new rules is that the right to contest a deduction and get the money back does not end with the death of the benefit holder. When the insured person who suffered the improper deduction has already died, the corresponding credit becomes part of the estate and therefore passes to the heirs. The normative instruction sets out how this request must be filed and processed administratively.

In practice, the agency now formally accepts that qualified successors may file the contest on behalf of the deceased, identify the amounts taken without support, and request a refund. The organization that made the deduction is still required to prove it had authorization. If it cannot produce reliable proof of consent, the amount is treated as improper and must be returned.

Who Can Request a Refund on Behalf of the Deceased

The right to request a refund follows the rules of succession. If a survivor’s pension (pensão por morte) is being paid, the dependent who receives that derived benefit is usually the first to start the request. That person has a direct relationship with the agency and access to the payment history of the deceased insured person.

If there is no survivor’s pension, or if there are other successors besides the pensioner, the general rule on the transfer of credits applies. Amounts the holder did not receive in life are paid to the dependents qualified for the survivor’s pension and, if there are none, to the civil successors, as provided by law. Each applicant must prove their status with appropriate documents.

This design keeps the beneficiary’s death from becoming a permanent barrier to recovering the money. Death ends the social security relationship that keeps the benefit in payment, but it does not erase a credit that already existed in favor of someone who was improperly charged while alive.

It is worth stressing that a request on behalf of the deceased is not the same as applying for the survivor’s pension. They are two separate steps. One seeks the ongoing benefit owed to the dependent. The other seeks the refund of a past amount that was taken from the original holder.

For professionals working in this field, the distinction matters because it determines which documents to submit and on what legal basis to file. Confusing the two requests can lead to unnecessary requirements and delay the administrative review. It is also important to identify, from the start, every successor with an interest in the credit. That way the request will not be challenged for leaving out a known heir, and it will not lead to partial payments that later need correction.

The measure deals with so-called association deductions: the monthly fees that organizations, unions, and associations charge directly against a social security benefit payment.

How the Contest Procedure Works

The procedure starts with identifying the disputed deductions on the benefit’s payment statement. This document shows, month by month, the line items deducted in favor of each organization, along with its name and the amount withheld.

Once the information is gathered, the applicant files the contest and states that they do not recognize the authorization for that deduction. From there, the organization that benefited from the charge is called on to present proof of the insured person’s consent. This shifting of the burden of proof favors the beneficiary and their successors, because it places on the party that collected the money the duty to show the withholding was lawful.

If the organization cannot prove authorization, or submits a weak document that lacks the requirements for validity, the deduction is recognized as improper. The next step is to calculate the amount to be refunded, covering every installment withheld during the period the charge was applied to the benefit.

In cases involving heirs, there is an added step: proving successor status. The applicant submits documents showing the relationship with the deceased and their right to receive the amounts, which allows the agency to direct the refund to the right people.

A valid refund therefore rests on two things: showing that the deduction was improper and showing who is entitled to receive the credit. Once both are met, payment to the successors follows the standard administrative process for releasing funds. You should follow the progress of the request and respond quickly to any requirements, because delay in providing a requested supplemental document is usually the main reason this type of request takes longer to review.

Required Documents and Filing Tips

The usual set of documents includes the benefit’s payment statement showing the deductions, the holder’s death certificate, and the applicant’s personal identification. To these you add proof of your status as an heir or dependent, depending on the specific case.

When a probate proceeding (inventário) is under way or already finished, the related documents help show who the successors are and avoid disputes among interested parties over who owns the credit. When an active survivor’s pension exists, the dependent’s own registration with the agency makes it easier to prove the relationship.

One important precaution is to define the contested period clearly. The applicant should state precisely which months involved withholding without authorization, so the refund calculation reflects exactly what was taken. Imprecise information tends to trigger requirements and slow the process.

Another point to watch is checking every line item deducted. It is not unusual for a benefit to have carried more than one association fee over time, from different organizations. Each one can be contested separately, with its own calculation.

Filing correctly, with complete documentation from the start, reduces the number of requirements and speeds up the review. Well-prepared requests allow the agency to focus on checking the organization’s authorization, which is the heart of the dispute over association deductions.

Frequently Asked Questions

Can an heir contest an association deduction taken from the benefit of a person who has died?

Yes. The credit for improper deductions the holder suffered in life passes to the successors. A qualified heir or dependent can file the contest on behalf of the deceased, prove their status, and request a refund of the amounts withheld without the insured person’s valid authorization.

What is the difference between applying for the survivor’s pension and requesting a refund of the deductions?

They are separate requests. The survivor’s pension is the ongoing benefit owed to the dependent after the insured person’s death. The refund of deductions seeks to recover past amounts improperly taken from the original holder’s benefit. Neither depends on the other, and each requires its own documents.

What happens if the organization cannot prove it had authorization for the deduction?

When the organization responsible for the charge does not present reliable proof of the insured person’s consent, the deduction is recognized as improper. After that recognition, the agency calculates the amount withheld during the disputed period and arranges for it to be returned to the holder or, if the holder has died, to their qualified successors.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.