Despacho normativo n.º 152/84, de 04 de Outubro de 1984
Despacho Normativo n.º 152/84 O artigo 6.º do Decreto-Lei n.º 160/80, de 27 de Maio, determina que, sem prejuízo da verificação da condição de recursos que o regime de natureza não contributiva pressupõe, o abono de família seja concedido a todas as crianças e jovens nos termos fixados para os descendentes dos trabalhadores abrangidos pelos regimes de base contributiva.
Assim, por força da referida disposição legal, o esquema de atribuição do abono de família por escalões em função do número de filhos, instituído pelo Decreto Regulamentar n.º 20/80, de 27 de Maio, para os descendentes dos beneficiários dos regimes contributivos, passa a ser igualmente aplicado ao abono de família enquanto prestação inserida no regime de tipo não contributivo.
Verifica-se, pois, que em consequência de tal determinação legal é observado o referido esquema por escalões em função do número de filhos, quer se encare o abono de família na sua função de prestação de natureza contributiva em que a definição da respectiva titularidade assenta na relação descendente-beneficiário, enquanto inseridos num agregado familiar, quer se considere o referido benefício numa perspectiva de prestação não contributiva cuja titularidade surge em função da própria criança ou jovem que determina a sua atribuição sem atender a qualquer vínculo daquele tipo.
A aplicação extensiva do referido procedimento, previsto no artigo 1.º do Decreto Regulamentar n.º 20/80, a uma prestação de natureza diferente, sem os necessários ajustamentos legais, tem permitido na prática a adopção por parte das instituições de segurança social de critérios diversos no processamento do abono de família...
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