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Extraordinary cessation measures RD Law 30/2020

Application forms. Extraordinary termination measures RD Law 30/2020


En la siguiente tabla podrá descargarse los siguientes Documentos.
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Solicitud prestación por cese actividad DA 4ª RD LEY 30/2020 Descargar documento Solicitud prestación por cese actividad DA 4ª RD LEY 30/2020. The document will open in a new window.(PDF,432 KB) 15/10/2020
Declaración cese DA 4 ª RD Ley 30/2020 -alta inicial Descargar documento Declaración cese DA 4 ª RD Ley 30/2020 -alta inicial. The document will open in a new window.(PDF,383 KB) 15/10/2020
Declaración cese DA 4ª RD Ley 30/2020 -prórroga Descargar documento Declaración  cese  DA 4ª  RD Ley 30/2020 -prórroga. The document will open in a new window.(PDF,190 KB) 15/10/2020
Solicitud prestación por cese actividad trab temporada art 14 RD LEY 30/2020 Descargar documento Solicitud prestación por cese actividad trab temporada art 14 RD LEY 30/2020. The document will open in a new window.(PDF,298 KB) 14/10/2020
Declaración cese extraordinario trab temp art 14 RD Ley 30/2020 Descargar documento Declaración cese extraordinario trab temp art 14 RD Ley 30/2020. The document will open in a new window.(PDF,102 KB) 14/10/2020
Solicitud prestación extraordinaria cese actividad art 13 1 RD Ley 30/2020 Descargar documento Solicitud prestación extraordinaria cese actividad art 13 1 RD Ley 30/2020. The document will open in a new window.(PDF,431 KB) 15/10/2020
Declaración cese extraord art 13 1 RD Ley 30/2020 Descargar documento Declaración cese extraord art 13 1 RD Ley 30/2020. The document will open in a new window.(PDF,202 KB) 14/10/2020
Solicitud prestación extraordinaria cese actividad art 13 2 RD Ley 30/2020 Descargar documento Solicitud prestación extraordinaria cese actividad art 13 2 RD Ley 30/2020. The document will open in a new window.(PDF,406 KB) 15/10/2020
Declaración cese extraord art 13 2 RDL 30/2020 Descargar documento Declaración cese extraord art 13 2 RDL 30/2020. The document will open in a new window.(PDF,203 KB) 14/10/2020

Prolongation of the benefit for the cessation of activity caused under article 9 of royal decree-law 24/2020 and self-employment (Fourth Additional Provision of Royal Decree-Law 30/2020 of 29 September)

Characteristics

  • Self-employed workers who, up to 30 September , were receiving the unemployment benefit provided for in article 9 of Royal Decree-Law 24/2020, of 26 June, may continue to receive it up to 31 January 2020, provided that during the fourth quarter of 2020 they maintain the requirements that were established for its concession.
  • During the time that the self-employed worker is receiving the benefit, they must pay all the contributions to the Social Security General Treasury, applying the rates in force to the corresponding contribution base.

Requirements

Proof of a reduction in turnover during the fourth quarter of 2020 of at least 75 per cent compared to the same period in 2019, as well as not having obtained a net income of more than 5,818.75 euros during the aforementioned quarter of 2020.

In order to determine entitlement to the monthly benefit, the net income for the fourth quarter shall be prorated and may not exceed 1,939.58 euros per month.

Application deadline and entitlement

The benefit will be provisionally recognised by the collaborating mutual insurance companies or the Social Marine Institute with effect from 1 October 2020 if requested before 15 October, or with effect from the day following the request in other cases, and must be regularised from 1 March 2021.

Duration

This benefit will be paid until 31 January 2021 to those self-employed workers who, on 31 October, were receiving the activity termination benefit recognised under Article 9 of Royal Decree-Law 24/2020 of 26 June and whose entitlement to the termination benefit provided for in the aforementioned provision is exhausted before 31 December 2020, provided that they meet the requirements for this purpose.

From this date onwards, it will only be possible to continue receiving this severance benefit if all the requirements of article 330 of the General Social Security Act are met.

Amount

  • The amount they have been receiving shall be maintained, unless the following paragraph applies.
  • The severance benefit may be compatible with paid employment if the income from paid employment is not more than 1.25 times the minimum wage and the net income from self-employment and paid employment is not more than 2.2 times the minimum professional wage. In this case, the amount of the benefit for termination of activity will be 50% of the MINIMUM CONTRIBUTION BASE.
  • The collaborating mutual society or, where applicable, the Social Marine Institute, will pay the worker, together with the severance 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, in application of the provisions of Article 329 of Royal Legislative Decree 8/2015, of 30 October, which approves the revised text of the General Social Security Act.

Incompatibilities

  • This benefit shall be incompatible with self-employment, even if it does not imply compulsory inclusion in the Special Scheme for Self-Employed or Self-Employed Workers or in the Special Scheme for Sea Workers, as well as with work as an employee, and with any Social Security benefit that the beneficiary has been receiving, unless it is compatible with the activity as a self-employed worker.
  • With regard to self-employed workers included in the Special Scheme for Sea Workers, the cessation of activity allowance shall be incompatible with the collection of benefits for the standstill of the fleet.

Severance benefit due to cessation of activity for self-employed workers compatible with self-employment (Fourth Additional Provision RD-Law 30/2020 of 29 September).

Characteristics

  • Self-employed workers who have not received this benefit during the third quarter of 2020 may apply for the cessation of activity benefit provided for in Article 327 of the revised text of the General Social Security Act, approved by Royal Legislative Decree 8/2015, of 30 October, provided that they meet the requirements established in sections a), b), d) and e) of Article 330.1 of the regulation and have received until 30 June,  the extraordinary cessation of activity benefit provided for in Article 17 of Royal Decree-Law 8/2020, of 17 March, on extraordinary urgent measures to address the economic and social impact of COVID-19.
  • 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.

Requirements

  1. To have received until 30 June,  the extraordinary cessation of activity benefit provided for in Article 17 of Royal Decree-Law 8/2020, of 17 March, on extraordinary urgent measures to deal with the economic and social impact of COVID-19.
  2. Proof of a reduction in turnover during the fourth quarter of 2020 of at least 75 per cent compared to the same period in 2019, as well as not having obtained net income of more than 5,818.75 euros during the aforementioned quarter of 2020.
    In order to determine entitlement to the monthly benefit, net income for the fourth quarter will be prorated and may not exceed 1,939.58 euros per month.
    In the case of self-employed workers who have one or more dependent workers, proof must be provided at the time of claiming the benefit that they have fulfilled all their employment and social security obligations. 
  3. Be affiliated and registered in the Special Scheme for Self-Employed Workers or in the Special Scheme for Sea Workers, where applicable.
  4. Have covered the minimum contribution period for cessation of activity referred to in Article 338 Royal Legislative Decree 8/2015, of 30 October.
  5. Be under the ordinary retirement age for entitlement to contributory retirement pension, unless the self-employed worker does not have proof of the contribution period required for this.
  6. Be up to date with Social Security contribution payments. However, if on the date of cessation of activity this requirement is not met, the managing body will invite the self-employed worker to pay the fees due within a non-renewable period of 30 calendar days. The regularisation of the deficit will produce full effects for the acquisition of the right to protection.

Application period and acquisition of the right

The benefit will be provisionally recognised by the collaborating mutual insurance companies or the Social Marine Institute with effect from 1 October 2020 if requested before 15 October, or with effect from the day following the request in other cases, and must be regularised as of 1 March 2021.

Duration

This benefit may be received up to  31 January 2021 at the latest, provided that the worker is entitled to it under the terms set out in Article 338 of the revised text of the General Social Security Act.

From this date onwards, this cessation of activity benefit may only be received if all the requirements of Article 330 of the General Social Security Act are met.

Amount

  • The amount of benefit payments will be determined by applying 70 percent to the base rate, calculated in accordance with the provisions of Article 339 of the revised text of the General Social Security Act.
  • The base rate of the cessation of activity benefit will be the average of the bases on which contributions have been paid during the 12 continuous months immediately prior to 1 October 2020.
  • The collaborating mutual insurance company or, where applicable, the Social Marine Institute, will pay the 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 Royal Legislative Decree 8/2015, of 30 October, approving the revised text of the General Social Security Act.
  • Cessation of activity benefit may be compatible with paid employment if income from paid employment is not more than 1.25 times the minimum professional wage and net income from self-employment and paid employment is not more than 2.2 times the minimum professional wage. In this case, the amount of benefit for cessation of activity payments will be 50% of the MINIMUM CONTRIBUTION BASIS.

Incompatibilities

This benefit will be incompatible with self-employment, even if it does not imply compulsory inclusion in the Special Scheme for Self-Employed Workers or in the Special Scheme for Sea Workers, as well as with work as paid employment, and with any Social Security benefit the beneficiary has been receiving, unless it is compatible with the activity as a self-employed worker.

With regard to self-employed workers included in the Special Scheme for Sea Workers, the cessation of activity allowance will also be incompatible with the collection of benefits for the standstill of the fleet.

Extraordinary severance benefit due to cessation of activity for seasonal workers (RD-Law 30/2020 of 29 September. Art. 14).

Characteristics

  • Self-employed workers whose only work over the last two years was under the Special Scheme for Self-Employed Workers or the Special Scheme for Sea Workers during the months of June to December are considered seasonal workers.
  • The self-employed worker will be considered to have carried out a single job during the months of June to December 2018 and 2019 provided that, if they have been registered in a social security scheme as an employee, it was for no more than 120 days during those two years.
  • As of 1 October 2020.
  • 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 section.

Requirements

  1. Have been registered and paid contributions to the Special Scheme for Self-Employed Workers or the Special Scheme for Sea Workers as a self-employed worker for at least four months in the period from June to December of both 2018 and 2019.
  2. Not have been registered or similar as an employee in the corresponding Social Security scheme for more than 120 days during the period between 1 June 2018 and 31 July 2020.
  3. Not have carried out any activity or having been registered or similar from 1 March to 31 May 2020.
  4. Not have received any benefit from the Social Security system during the months of January to June 2020, unless this was compatible with activity as a self-employed worker.
  5. Not have earned income exceeding 23,275 euros in 2020.
  6. Be up to date with Social Security contribution payments. However, if this requirement is not met, the managing body will invite the self-employed worker to pay the fees due within a non-renewable period of 30 calendar days. The regularisation of the deficit will produce full effects for the acquisition of the right to protection.

Application period, acquisition of the right and duration

Recognition of the benefit regulated in this article may be requested at any time during the period between the entry into force of the regulation and January 2021.

Cessation of activity benefit may start to accrue with effect from 1 October 2020 and will last for a maximum of 4 months, provided the application is submitted within the first 15 calendar days of October. Otherwise, the effects are established on the day after the application is submitted.

The benefit will be recognised by the collaborating mutual insurance companies or the Social Marine Institute on a provisional basis. As of 1 March 2021, all interim rulings adopted will be reviewed.

Amount

  • The amount of benefit payments will be equivalent to 70 percent of the minimum contribution basis for the activity carried out in the Special Social Security Scheme for Self-Employed Workers or, where applicable, in the Special Social Security Scheme for Sea Workers.

Contribution

  • While receiving the benefit, there will be no obligation to pay contributions, and the worker will remain registered or similar in the corresponding Social Security scheme. 
  • Contributions for which there is no obligation to pay will be borne by the entities whose budgets cover the corresponding benefit.

Incompatibilities

This benefit will be incompatible with employed work and with any Social Security benefit the beneficiary has been receiving, unless it is compatible with the activity as a self-employed worker. It will also be incompatible with self-employed work and with the receipt of income from the company whose activity has been affected by the closure, when income received during the year 2020 exceeds 23,275 euros.

With regard to self-employed workers included in the Special Scheme for Sea Workers, the cessation of activity allowance will also be incompatible with the collection of benefits for the standstill of the fleet. 

Extraordinary cessation of activity benefit for self-employed workers who cannot qualify for the ordinary benefit provided for in the fourth additional provision of Royal Decree Law 30/2020 or the cessation of activity benefit ...

Extraordinary severance benefit due to cessation of activity for self-employed workers who are not entitled  to the ordinary benefit provided for in the fourth additional provision of Royal Decree-Law 30/2020 or to the severance benefit regulated in articles 327 et seq. of the General Social Security Law, because they do not meet the qualifying conditions required by the law (Art. 13.2 Royal Decree-Law 30/2020, of 29 September).

Characteristics

  • Self-employed workers who are not entitled to the ordinary benefit provided for in the fourth additional provision of Royal Decree-Law 30/2020 or to the severance benefit regulated in articles 327 et seq. of the General Social Security Law, because they do not meet the qualifying conditions required by the law (Art. 13.2 Royal Decree-Law 30/2020, of 29 September).
  • As of 1 October 2020
  • Self-employed workers who receive this benefit and were not paying contributions for cessation of activity will be obliged to pay contributions for this concept from the month following the end of the month in which they receive the benefit.
  • 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

  • 1. To be registered and up to date with payment of contributions in the Special Scheme for Self-Employed Workers or in the Special Scheme for Seafarers as a self-employed worker before 1 April 2020. If, on the date on which the application is submitted, the requirement to be up to date with the payment of contributions is not met, the managing body shall invite the self-employed worker to pay the contributions due within a non-extendable period of 30 calendar days. The regularisation of the overdraft will produce full effects for the acquisition of the right to protection.
  • 2. Not being entitled to the severance benefit regulated in the fourth additional provision of this regulation or to the severance benefit regulated in Articles 327 and following articles of the revised text of the General Social Security Act, approved by Royal Legislative Decree 8/2015, of 30 October, due to not meeting the qualifying conditions required by the regulation.
  • 3. Not having income from self-employment in the last quarter of the 2020 financial year that exceeds the minimum interprofessional wage.
  • 4. To having suffered, in the fourth quarter of 2020, a reduction in income from self-employment of at least 50% compared to the income in the first quarter of 2020.
    For the calculation of the reduction in revenue, the period in the first quarter of 2020 will be taken into account and compared with the proportional part of the revenue in the fourth quarter for the same period.

Time limit for application, entitlement and duration

This extraordinary severance benefit may start to accrue with effect from 1 October 2020 and will last for a maximum of 4 months, provided that the application is submitted within the first fifteen calendar days of October. 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 31 January 2021.

The recognition of the benefit will be carried out by the collaborating mutual insurance companies or the Social Marine Institute on a provisional basis. As of 1 March 2021, all interim rulings adopted will be reviewed.

Amount

  • General: 50% MINIMUM CONTRIBUTION BASE
  • Persons living together at the same address, united by a family relationship or analogous cohabitation unit up to the first degree of kinship by blood or affinity with two or more members entitled to this benefit: 40% MINIMUM CONTRIBUTION BASE

Contribution

  • During the time that the activity is suspended, the self-employed worker will remain registered in the corresponding special regime and will be exempt from the obligation to pay contributions.
  • The period during which the self-employed worker is exempt from the obligation to pay contributions shall be considered as having been paid and the contributions corresponding to this period shall be assumed by  the entities whose budgets cover the corresponding benefit.
  • The contribution base applicable during the entire period of receipt of this special benefit shall in any case be the one established at the time when the benefit commenced.
  • The maximum duration and other conditions of application of the contribution deductions to which the worker who is the beneficiary of this extraordinary severance benefit may be entitled shall not be modified by the receipt of the latter.

Incompatibilities

Receipt of the benefit will be incompatible with the receipt of remuneration for work as an employee, unless the income from the work as an employee is less than 1.25 times the amount of the minimum wage; with the performance of another activity as a self-employed person; with the receipt of income from a company; with the receipt of a Social Security benefit except for that which the beneficiary was receiving because it was compatible with the performance of the activity that they were carrying out.

With regard to self-employed workers included in the Special Scheme for Sea Workers, the benefit for cessation of activity will also be incompatible with aid for the standstill of the fleet.

Expiry

Entitlement to this benefit will be extinguished if, while receiving this benefit, the requirements for entitlement to the cessation of activity benefit referred to in the fourth additional provision of this regulation or to the cessation of activity benefit regulated in articles 327 and following of the revised text of the General Social Security Act, approved by Royal Legislative Decree 8/2015, of 30 October, are met, without prejudice to the right of the interested party to apply for the corresponding benefit.

Extraordinary cessation of activity benefit for self-employed workers for suspending all their activities as a result of a decision by the competent authority as a measure to contain the COVID-19 virus (Art.13.1, Royal Decree-Law 30/2020).

Characteristics

  • Resolution adopted by the competent authority to suspend the activity as a measure to contain the spread of the COVID-1 virus.
  • As of 01 October 2020
  • 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 section.

Requirements

  1. Be affiliated and registered in RETA or, where applicable, in RETAMAR,  at least 30 calendar days before the date of the decision to cease activity.
  2. Be up to date with Social Security contribution payments. If on the date of the suspension of the activity, the managing body will invite the self-employed worker to pay the fees due within a non-renewable period of 30 calendar days. The regularisation of the deficit will produce full effects for the acquisition of the right to protection.

Amount

  • General: 50% MINIMUM CONTRIBUTION BASIS
  • Members of a large family, if the only income of the family unit or similar comes from the suspended activity: 50% MINIMUM CONTRIBUTION BASIS plus 20% of this amount.
  • Persons living together at the same address, united by a family relationship or similar cohabitation unit up to the first degree of kinship by blood or affinity with two or more members entitled to this benefit: 40% MINIMUM CONTRIBUTION BASIS, the provision for large families does not apply.

Contribution

  • 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 payment of contributions will run from the first day of the month in which the closure measure is adopted until the last day of the month following the month in which the measure is lifted.

  • The period during which the self-employed worker is exempt from the obligation to pay contributions will be considered as having been paid and the contributions for this period will be assumed by  the entities whose budgets cover the corresponding benefit.

  • 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.

  • 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.

Application period, acquisition of the right and duration

Recognition may be requested within the first 15 days following the entry into force of the agreement or resolution to close the activity.
Entitlement to the benefit will commence on the day following the adoption of the measure to close the activity by the competent authority and will end on the last day of the month in which it is agreed to lift the measure.

If the application is submitted after the deadline, entitlement to the benefit will start on the date of application. However, the worker will be exempt from the obligation to pay contributions from the first day of the month in which the governmental authority has determined the prohibition of the activity, although in this case the period prior to the date of application will not be considered as having paid contributions, and the entities that cover the respective benefits will not assume the contribution.
The benefit will be recognised by the collaborating mutual insurance companies or the Social Marine Institute on a provisional basis. At the end of the closure measure, all interim rulings will be reviewed.

Incompatibilities

Receipt of the benefit will be incompatible with receipt of remuneration for work as an employee, unless income from work as an employee is less than 1.25 times the minimum professional wage; with another self-employed activity; with receipt of income from the company whose activity has been affected by the closure; and with receipt of a Social Security benefit except that which the beneficiary was receiving because it was compatible with their activity.

With regard to self-employed workers included in the Special Scheme for Sea Workers, the cessation of activity allowance will also be incompatible with benefits for the standstill of the fleet.

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