SIXTH ADDITIONAL PROVISION. Social Security extraordinary measures for self-employed workers affected by the volcanic eruption in the Cumbre Vieja area on La Palma.
One. Cessation of activity benefit for self-employed workers who are forced to cease their activity as a direct consequence of the volcanic eruption in the Cumbre Vieja area of La Palma. From 28 October 2021, if the termination of employment is temporary, the worker will not be removed from the special social security scheme, and if the termination of employment is permanent, the worker will be removed from the special social security scheme.
1. Self-employed workers who are forced to cease their activity as a direct consequence of the volcanic eruption in the Cumbre Vieja area of La Palma may be entitled to receive the benefit for cessation of activity, regulated in Title V of the revised text of the General Social Security Act, approved by Royal Legislative Decree 8/2015, of 30 October, without the first nine months of receiving the benefit being counted for the purposes of consuming the established maximum periods of receipt of the benefit.
For the purposes of eligibility for the cessation of activity benefit, the contribution requirement provided for in article 338 of the revised text of the General Social Security Act shall be considered to be fulfilled.
2. Self-employed workers who, on 30 September 2021, have received some of the benefits listed in articles 6, 7 and 8 or in the second transitory provision of Royal Decree-Law 11/2021, of 27 May, on urgent measures for the defence of employment, economic reactivation and the protection of self-employed workers, and are forced to cease their activity as a result of the volcanic eruption in the Cumbre Vieja area of La Palma, will be entitled to receive nine months' unemployment benefit, which will not be calculated for the purposes of using up the maximum periods of receipt established.
Two. Extraordinary cessation of activity benefit for self-employed workers affected by a temporary suspension of all activity as a result of the damage caused by the volcanic eruptions.
CHARACTERISTICS
- Self-employed workers who are forced to temporarily suspend all their activities as a result of damage caused by volcanic eruptions.
- The maximum duration and other conditions applicable to the contribution deductions to which the worker who is the beneficiary of this benefit may be entitled will not change due to receipt of this benefit.
- During the time that the activity is suspended, the self-employed worker will remain registered in the corresponding special system and will be exempt from the obligation to pay contributions. The exemption from payment of dues shall run from the first day of the month in which the closure measure is adopted until the last day of the month in which the activity is resumed, or until 30 June 2022, whichever is the earlier.
- During the time that the activity is suspended, the self-employed worker will remain registered in the corresponding special system and will be exempt from the obligation to pay contributions. Exemption from the payment of contributions will run from the first day of the month in which the activity closure measure is adopted, or from 1 October 2021 when the suspension of activity initiated prior to this date is maintained, until the last day of the month following the month in which the measure is lifted, or until 30 June 2022 if the latter date is earlier.
- The contribution basis applicable during the entire period of receipt of this special benefit will in any case be as provided when the benefit is first paid..
- Cooperative worker-members who have opted to register as self-employed workers in the corresponding special scheme will also be entitled to this special benefit, provided that they meet the requirements set out in this article.
REQUIREMENTS
a) Be affiliated and registered in the Special Scheme for Self-Employed Workers or in the Special Scheme for Sea Workers, where applicable on 19 September 2021.
b) Be up to date with Social Security contribution payments.
AMOUNT
General: 70% MINIMUM CONTRIBUTION BASIS
APPLICATION PERIOD - ACQUISITION OF THE RIGHT AND DURATION
Entitlement to the benefit shall begin on the day following the adoption of the measure suspending the activity and shall end on the last day of the month in which the activity is resumed or until 30 June 2022, whichever is earlier.
The application for the benefit must be submitted within the first twenty-one calendar days following the entry into force of this regulation (29-09-2021) if the suspension occurred prior to this date. Otherwise, the period of 21 days shall start to run from the suspension of the activity.
If the application is submitted after the deadline, entitlement to benefit will start on the first day of the month following the month of the application.
INCOMPATIBILITIES
• Receipt of the benefit shall be incompatible with the receipt of remuneration for work as an employed person,
• With the performance of another activity on a self-employed basis;
• With the receipt of income from the company whose activity has been affected by the closure;
• With the receipt of a Social Security benefit except for that which the beneficiary was receiving as it was compatible with the performance of the activity they were carrying out.
• With regard to self-employed workers included in the Special Scheme for Sea Workers, the cessation of activity benefit will also be incompatible with aid for the standstill of the fleet.
Three. Extraordinary unemployment benefit for self-employed workers whose activities have been affected as a result of the damage caused by the volcanic eruption in the Cumbre Vieja area of La Palma.
CHARACTERISTICS
- Self-employed workers whose activity is affected as a result of the damage caused by the volcanic eruption in the Cumbre Vieja area of La Palma, whereby the activity is neither temporarily nor definitively suspended, but maintained even if it is reduced.
- As of 01/10/2021
- The worker-members of worker cooperatives who have opted to register as self-employed workers in the corresponding special scheme shall also be entitled to this special benefit, provided that they meet the requirements set out in this section.
REQUIREMENTS
- To be registered and up to date with the payment of contributions in the Special Scheme for Self-Employed Workers or in the Special Scheme for Sea Workers as a self-employed worker before 19 September 2021.
- To have no net taxable income from self-employment in the fourth quarter of 2021 of more than €2,534.
- To provide proof in the fourth quarter of 2021 of total taxable income from self-employment activity that is 50 per cent less than in the fourth quarter of 2019.
For the calculation of the reduction in revenues, the period in discharge in the fourth quarter of 2019 will be taken into account and compared with the pro rata share of revenues in the fourth quarter of 2021 in the same proportion.
AMOUNT
- General: 70% MINIMUM CONTRIBUTION BASIS
-
The collaborating mutual insurance company or, where applicable, the Social Marine Institute, will pay the self-employed worker, together with the cessation of activity benefit, the amount of the contributions for common contingencies that would have been paid if the self-employed worker had not been carrying out any activity, pursuant to the provisions of Article 329 of the revised text of the General Social Security Act.
CONTRIBUTION DURING THE BENEFIT
During the time the self-employed worker is receiving the benefit, they must pay all contributions to the Social Security General Treasury, applying the rates in force to the corresponding contribution basis.
The contribution basis applicable during the entire period of receipt of this extraordinary benefit shall be, in any case, the one established at the time of commencement of this benefit.
APPLICATION PERIOD - ACQUISITION OF THE RIGHT AND DURATION
This special cessation of activity benefit may start to accrue with effect from 1 October 2021 and will last for a maximum of 9 months, always provided that the application is submitted within the first 21 calendar days of November. Otherwise, it shall take effect on the first day of the month following the month in which the application is submitted and shall not last longer than 30 June 2022.
INCOMPATIBILITIES
• Receipt of the benefit shall be incompatible with the receipt of remuneration for work as an employed person,
• With the performance of another activity on a self-employed basis;
• With the receipt of income from a company
• With the receipt of a Social Security benefit except for that which the beneficiary was receiving as it was compatible with the performance of the activity they were carrying out.
• With regard to self-employed workers included in the Special Scheme for Sea Workers, the cessation of activity benefit will also be incompatible with aid for the standstill of the fleet.
solicitud DISP ADIC 6 UNO 1 RD LEY18 2021declaración responsable DISP ADIC SEXTA Uno 1 RDL 18/2021-1solicitud DISP ADIC 6 UNO 2 RD LEY18/2021declaración responsable DISP ADIC SEXTA Uno 2 RDL 18/2021-1Solicitud Disposición Adicional SEXTA DOS RDL 18/2021Declaración responsable Disposición Adicional SEXTA DOS RDL 18/2021Solicitud Disposición Adicional SEXTA TRES RDL 18/2021Declaración responsable Disposición Adicional SEXTA TRES RDL 18/2021