Family allowances: workers with adult children with severe disabilities can continue to receive the work allowance

There household allowance This is a work benefit which can benefit all workers carrying out a private activity and having one or more children under the age of 18 in their charge. Currently, the amount is equivalent to 10% of the Minimum Vital Remuneration (RMV), i.e. S/ 102.50.

In November 2022, Law No. 31600 was published, which amends Law No. 25129 on child benefit and establishes that the right to receive child benefit is workers with one or more severely disabled children over 18. The regulations were awaiting adaptation and were already published on March 1.

In an interview with GlobeLiveMedia, the labor lawyer Alice Jimenez, Senior associate of the study Philippi Prietocarrizosa Ferrero DU & Uría (PPU), explained what this modification means and from when it will come into force.

The PPU study lawyer explained that with the recently published amendment to the regulations, private sector workers who have severely disabled children must continue to receive family allowances after reaching the age of majority.

He explained that this social benefit will be granted to workers in this situation who prove certification in accordance with the regulations of the National Health Authority. In case the family perceives the Non-contributory pension for severe invalidity established by Law No. 29973, General Law on Persons with Disabilities, this benefit it will not be granted by the employer.

indicates that there is no adaptation time for companiess since, upon publication of the amendment to the rules, execution is immediate. “The benefit is enforceable from now on,” he said. He explained that it is up to the workers to take charge of the diagnosis of their children so that their employer can proceed with the inclusion of the family allowance in their monthly salary from this month of March.

He Ministry of Labor and Employment Promotion (MTPE) indicated that the family allowance is granted in the following cases:

– One or more dependent children under the age of 18

– Children over 18 who are pursuing higher or university studies, up to the age of 24 at the most.

– Children over 18 with severe disabilities.

And to receive this work benefit, workers must comply with the following conditions requirements:

– Belong to the labor regime of the private activity.

– Have a current working relationship.

– That their salaries are not regulated by collective bargaining.

– The amount of employment allowance is paid from the moment the worker proves the existence of the child or children he may have.

– The benefit is paid separately and in addition to the basic salary. It must appear on the monthly payment invoice.

– If the mother and the father work in the same company, both are entitled to receive the family allowance.

– If a worker works in more than one company, he is entitled to receive the allowance for each employer.

– Workers whose remuneration is regulated by Collective bargaining They can access this benefit as long as the collective agreement does not provide for a similar concept or the established amount is less than 10% of the RMV.

– The family allowance has remunerative characterit is therefore included in the basis for calculating social benefits such as bonuses, holidays, CTS, charges, among others).

– An employer who fails to make a timely deposit for wages and benefits constitutes a Serious offense in labor relations.