5 years before the administrative claim date (art. 103 of Law 8.213/1991). Installments that came due before that cutoff are treated as prescribed and left out of the calculation.
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Calculate overdue INSS benefits with RE 870.947 + EC 113 correction and 5-year prescription.
When the INSS grants a benefit late, after a review or a lawsuit, the overdue installments are not paid at face value: they receive monetary correction and interest, and the oldest ones may simply lapse. Because the INSS is a public entity, the update follows its own index regime: TR until 25/03/2015, IPCA-E until 08/12/2021 (STF's RE 870.947), and SELIC from 09/12/2021 (EC 113/2021). On top of that, the five-year prescription (art. 103, sole paragraph, of Law 8.213/1991, in line with Decreto 20.910/1932 and STJ Súmula 85) excludes from the calculation any installments older than the five years preceding the claim, without time-barring the right to the benefit itself. This tool applies all of that as an estimate; confirm the figures in the HISCRE at Meu INSS before filing.
"Arrears" are the benefit installments that have already come due but were not paid, for example, the period between the date the right arose (the DIB) and the date the benefit actually started being paid. That accumulation is adjusted for inflation and earns interest up to the payment date.
The five-year prescription is the time limit: under art. 103 of Law 8.213/1991, only installments that came due in the five years before the claim enter the calculation. Anything older than that is treated as prescribed and left out, which is why the claim date is a decisive field.
Suppose an administrative claim on 10/03/2021. The five-year prescription draws a line at 10/03/2016: installments that came due before that date are prescribed and do not enter the calculation, even if owed in theory.
So if the list has pay periods from 2014 and 2015, they show up as "prescribed installments excluded", while those from 2016 onward are updated. Each pay period is corrected by the index of its own era (TR, IPCA-E or SELIC, depending on the date), which avoids applying a single wrong index across the whole span.
Credits against a public entity are paid in two ways. If the value is within a limit (the Requisition of Small Value, RPV), payment is faster; above the limit, it joins the precatório queue, which is much slower. At the federal level (the INSS's case), the statutory ceiling is 60 minimum wages by law, art. 17 of Law 10.259/2001, though the amount in reais changes every year with the minimum wage, so the tool's indication is only orientative; confirm with your TRF.
The index timeline is the heart of the calculation: TR until 25/03/2015; IPCA-E from 26/03/2015 to 08/12/2021, the window set by the STF in RE 870.947; and SELIC from 09/12/2021, under EC 113/2021. Applying each index to its interval is what brings the estimate close to the figure that will appear in the enforcement.
Paste the code into your HTML and the tool shows up on your page, without J-Kit's navigation and ads. It still runs in the browser of whoever visits your site.
<iframe
src="https://jkit.tools/embed/en-US/inss-arrears-calculator"
width="100%"
height="600"
style="border:0"
loading="lazy"
title="INSS Benefit Arrears Calculator"
></iframe>These references help contextualize formulas, standards, APIs and limitations used on this page. They do not replace professional validation when a result has legal, financial, medical or operational impact.
5 years before the administrative claim date (art. 103 of Law 8.213/1991). Installments that came due before that cutoff are treated as prescribed and left out of the calculation.
⚠️ Educational estimate. Confirm figures in HISCRE (Meu INSS) before filing.
| Pay period | Original total | Monetary correction | Interest | Corrected total |
|---|---|---|---|---|
| 2021-01 · prescribed | R$ 1.300,00 | — | — | R$ 0,00 |
| 2021-02 · prescribed | R$ 1.300,00 | — | — | R$ 0,00 |
2 parcela(s) excluída(s) por prescrição quinquenal (art. 103, parágrafo único, Lei 8.213/1991).
Correção conforme RE 870.947 (STF) + EC 113/2021. Juros por SELIC integral a partir de 09/12/2021. Confirme extrato HISCRE antes de protocolar.