Measures approved for the protection of self-employed workers by Royal Decree-law 18/2021, of 28 September, on urgent measures for the protection of employment, economic recovery and improvement of the labour market?

Art. 9. Extraordinary cessation of activity benefit for self-employed workers affected by a temporary suspension of all activity as a result of a decision by the competent authority as a measure to contain the spread of the COVID-19 virus.

CHARACTERISTICS

• Self-employed workers who are obliged to suspend all their activities as a consequence of a decision taken by the competent authority as a measure to contain the spread of the COVID-19 virus, or maintain for the same reasons the suspension of their activity started before 1 October 2021.
• As of 01/10/2021
• 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) To be affiliated and registered in the RETA or, where applicable, in the RETAMAR,  at least 30 calendar days before the date of the decision to suspend the activity and, in any case, before the start date of the suspension when this has been decreed prior to 1 October 2021.
b) Be up to date with Social Security contribution payments.

AMOUNT

• General: 70% MINIMUM CONTRIBUTION BASIS
•  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 and two or more members entitled to this benefit: 40% MINIMUM CONTRIBUTION BASIS

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 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 28 February 2022 if the latter date is earlier.
• The contribution basis 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 is paid.

APPLICATION PERIOD  ACQUISITION OF THE RIGHT AND DURATION

Recognition of the benefit may be requested within the first 21 calendar days following the entry into force of the agreement or resolution to close the activity or before 21 October when the suspension of activity has been agreed prior to 01 October 2021 and the extraordinary benefit referred to in Article 6 of Royal Decree-Law 11/2021, of 27 May, is not being received.
Entitlement to the benefit will commence on the day following the adoption of the activity closure measure by the competent authority, or from 1 October 2021 when the suspension of activity initiated prior to this date is maintained.
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. In such cases, the worker will be exempt from the obligation to pay contributions from the day on which they are entitled to the benefit.
The benefit will be paid for a maximum of five months, and entitlement will end on the last day of the month in which it is agreed that the measures will be lifted or on 28 February 2022, whichever is  earlier.

INCOMPATIBILITIES

• Receipt of the benefit is incompatible with the exemption from contributions established in Article 8 of Royal Decree Law 18/2021.
• Receipt of the benefit is incompatible with receipt of remuneration for work as an employed person, unless the income from work as an employed person is less than 1.25 times the amount of the SMl;
• 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.

Solicitud art. 9 RD Ley 18/2021 
Declaracion responsable art 9 RDL 18/2021

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.

Art.12). Special termination-of-employment benefit for  temporary workers

CHARACTERISTICS

• Self-employed workers whose only work in 2018 and 2019 was under the Special Scheme for Self-Employed Workers or the Special Scheme for Sea Workers for at least four and at most seven months each year are considered seasonal workers.

  The self-employed worker will be considered to have carried out a single job in 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 years.

• 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

• 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 a minimum of four months and a maximum of seven months in both 2018 and 2019, provided that this time frame covers a minimum of two months between the months of October and December of those years.
  
• Not have been registered or similar as an employee in the corresponding Social Security scheme for more than 60 days during the  third and fourth quarter of 2021.
  
• Not to obtain during the third and fourth quarters of the year 2021 a net taxable income exceeding 6,725 euros.
  
• 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.

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.

APPLICATION PERIOD  ACQUISITION OF THE RIGHT AND DURATION

Cessation of activity benefit may start to accrue with effect from 1 October 2021 and will last for a maximum of 5 months, provided the application is submitted within the first 21 calendar days of October. Otherwise, the effects are established on the day after the application is submitted and its duration may not exceed 28 February 2022.

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 third and fourth quarter of 2021 exceeds 6.725 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.

Solicitud art. 12 RD Ley 18/2021
Responsible declaration art. 12 RDL 18/2021

Art.11. Extraordinary cessation of activity benefit for those self-employed workers who are in business and on 30 September 2021 were receiving any of the cessation of activity benefits provided for in articles 7 and 8 of Royal Decree-Law 11/2021, of 27 May, on urgent measures for the defence of employment, economic reactivation and the protection of the self-employed and who cannot qualify for the ordinary cessation of activity benefit provided for in article 10 of this Royal Decree-Law.

CHARACTERISTICS

• Self-employed workers who are in business and on 30 September 2021 were receiving any of the cessation of activity benefits provided for in Articles 7 and 8 of Royal Decree-Law 11/2021, of 27 May, and who are not entitled to the ordinary cessation of activity benefit provided for in the previous article.
• 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

• 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 Seafarers as a self-employed worker before 1 April 2020.
  
• Not having net taxable returns from self-employment in the third and fourth quarters of 2021 of more than 75% of the minimum wage.
  
• To prove in the fourth quarter of 2021 a total of  taxable income from self-employed activity that is 75 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: 50% MINIMUM CONTRIBUTION BASIS
  
• 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 and two or more members entitled to this benefit: 40% MINIMUM BASE

CONTRIBUTION

• 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 extraordinary cessation of activity benefit may start to accrue with effect from 1 October 2021 and will last for a maximum of 5 months, provided that the application is submitted within the first twenty-one 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 28 February 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 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.

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 Article 10 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.

 Solicitud art. 11 RD Ley 18/2021
Responsible declaration art. 11 RDL 18/2021

Art. 10. Cessation of activity benefit  compatible with self-employment

CHARACTERISTICS

As of 1 October 2021, self-employed workers who on 30 September 2021 were receiving the benefit for cessation of activity compatible with self-employment regulated in article 7 of Royal Decree-Law 11/2021, of 27 May, and had not exhausted the benefit periods provided for in article 338.1 of the revised text of the General Social Security Act, approved by Royal Legislative Decree 8/2015, of 30 October, may continue to receive it until 28 February 2022, provided that during the third and fourth quarters of 2021, they meet the requirements indicated in this provision.
Likewise, self-employed workers who meet the conditions set out in sections a), b), d) and e) of Article 330.1 of the regulation and fulfil the requirements set out in this provision may apply for the benefit for cessation of activity 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. Entitlement to this benefit will end on 28 February 2022.
Anyone who on 30 September 2021 was receiving the benefit referred to in Article 7 of Royal Decree-Law 11/2021, of 27 May, will only be entitled to this benefit if they had not used up the entire period provided for in Article 338.1 of the revised text of the General Social Security Act by that date.

REQUIREMENTS

• A reduction in taxable income from self-employment of more than 50 per cent of that in the third and fourth quarters of 2019.
  For the calculation of the reduction in revenue, the period in discharge in the third and fourth quarter of 2019 will be taken into account and compared with  third and fourth quarter of 2021.
•   To not obtain during the third and fourth quarters of 2021 a net taxable income of over 8,070 euros.
• 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.
• Be affiliated and registered in the Special Scheme for Self-Employed Workers or in the Special Scheme for Sea Workers, where applicable.
• Have covered the minimum contribution period for cessation of activity referred to in Article 338 Royal Legislative Decree 8/2015, of 30 October.
• 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.
• 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.

DURATION

The duration of the benefit will be as provided for in Article 338.1 of Royal Legislative Decree 8/2015, of 30 October, and under no circumstances may entitlement to this benefit be acquired after 28 February 2022.

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 2021 if it is requested within the first 21 calendar days of October, or with effect from the first day of the month following the request in other cases, and must be regularised as of 1 May  2022.

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.

AMOUNT OF BENEFIT PAYMENTS

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 2021.

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 employment if net taxable income from self-employment and income from employment does not exceed 2.2 times the minimum professional wage (SMI). In determining this calculation, income from employment will not exceed 1.25 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

The system of incompatibilities set out in Article 342 of the General Social Security Act (LGSS) is applied, taking into account the provisions of Article 10, section 10 of Royal Decree-Law 18/2021 regarding paid employment.
Receipt of the benefit is incompatible with the exemption from contributions established in Article 8 of Royal Decree Law 18/2021.
With employment whose income exceeds 1.25 times the minimum wage or if net taxable income from self-employment and income from employment exceeds 2.2 times the minimum professional wage.
With pensions or financial benefits from the Social Security, both contributory and non-contributory, unless they have been compatible with the work that gave rise to the cessation of activity benefit.
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 y prórroga art. 10 RD Ley 18/2021
Declaracion responsable art 10 RDL 18/2021 alta inicial
Declaracion responsable art 10 RDL 18/2021 prórroga