5) Extraordinary provision of cessation of activity for self-employed workers affected by a temporary suspension of all activity who, up to 31 May 2021, were receiving the benefit contemplated in article 5 or in the second transitory provision of Royal Decree-Law 2 / 2021, of January 26, to reinforce and consolidate social measures in defense of employment (Second Transitional Provision  RD Law  11/2021 of 27 May).

CHARACTERISTICS

Self-employed workers who up to 31 May 2021 were receiving the 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, as provided for in Article 5 of Royal Decree-Law 2/2021 of 26 January, may continue to receive it with the same requirements and conditions, during the time that the activity remains suspended and until the last day of the month following the lifting of this measure or until 30 September 2021 if the latter date is earlier.

4) Extraordinary severance benefit due to cessation of activity  for seasonal workers (Art. 9  RD Law 11/2021 of 27  May).

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 six 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.

• 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

• 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 six months in both 2018 and 2019, provided that this time frame covers a minimum of two months between the months of June and September 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 second and third quarter of 2021.
• Not obtain next taxable income of more than 6,650 euros during the second and third quarter of 2021.
• 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 June 2021 and will last for a maximum of 4 months, provided the application is submitted within the first 21 calendar days of June. Otherwise, the effects are established on the day after the application is submitted and its duration may not exceed 30 September 2021.

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 second and third quarter of 2021 exceeds 6,650 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. 
Receipt of the benefit is incompatible with the exemption from contributions established in Article 5 of Royal Decree Law 11/2021.

Solicitud art. 9 RD Ley 11 2021

Declaración responsable art. 9 RD Ley 11 2021

3) Extraordinary severance benefit for those self-employed workers who are in business and on 31 May 2021 were receiving any of the severance benefits provided for in articles 6 and 7 of Royal Decree-Law 2/2021, of 26 January, on the reinforcement and consolidation of social measures in defence of employment, and who cannot qualify for the ordinary severance benefit provided for in article 7 of this Royal Decree-Law. (Art. 8  RD- Law  11/2021 de 27 May)

CHARACTERISTICS

Self-employed workers who are in business and on 31 May 2021 were receiving any of the severance benefits provided for in Articles 6 and 7 of Royal Decree-Law 2/2021, of 26 January, and who are not entitled to the ordinary severance benefit provided for in the previous article.

As of 01 June 2021

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

• 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 income from self-employment in the second and third quarters of 2021 of more than 6,650 euros.
• Provide evidence in the second and third quarters of 2021 of taxable income from self-employment activity that is lower than in the first quarter of 2020.
• For the calculation of the reduction in revenues, the period in discharge in the first quarter of 2020 will be taken into account and compared with the pro rata share of revenues in the second and third quarter of 2021 in the same proportion.

AMOUNT

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

CONTRIBUTION DURING THE BENEFIT

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.
The contribution base 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 DEADLINE  CREATION AND DURATION OF ENTITLEMENT

This special severance benefit may start to accrue with effect from 1 June 2021 and will last for a maximum of 4 months, provided that the application is submitted within the first 21 calendar days of February. 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 September 2021.

INCOMPATIBILITIES

• Receipt of the benefit is incompatible with the exemption from contributions established in article 5 of Royal Decree Law 11/2021.
• 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 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 Article 7 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. 8 RD Ley 11 2021

Declaración responsable art. 8 RD Ley 11 2021

2) Cessation of activity  benefit compatible with self-employment (Art. 7  RD- Law  11/2021 of 27 May).

CHARACTERISTICS

As of 1 June 2021, self-employed workers who on 31 May 2021 were receiving the benefit for cessation of activity compatible with self-employment regulated in Article 7 of Royal Decree-Law 2/2021, of 26 January,  and had not exhausted the benefit periods provided for in Article 338.1 of the General Social Security Act, approved by Royal Legislative Decree 8/2015, of 30 October, may continue to receive it until the end of the period pending or, where applicable, until 30 September 2021, provided that, during the second and third 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.

REQUIREMENTS

• Accredit in the second and third quarters of 2021 a reduction of more than 50% of income recorded in the second and third quarters of 2019.

  The period registered as self-employed during the second and third quarters of 2019 will be taken into account and compared with the second and third quarters of 2021 to calculate the reduction in income.

• Obtain net taxable income of more than 7,980 euros during the second and third quarter of 2021.
• 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.
• Anyone who on 31 May 2021 was receiving the benefit referred to in Article 7 of Royal Decree-Law 2/2021, of 26 January, 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.
• 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 30 September 2021.

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 June 2021 if it is requested within the first 21 calendar days of June, or with effect from the first day of the month following the request in other cases, and must be regularised as of 1 January  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 June 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 7, section 10 of Royal Decree-Law 2/2021 regarding paid employment.
• Receipt of the benefit is incompatible with the exemption from contributions established in Article 5 of Royal Decree Law 11/2021.
• 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 allowance will also be incompatible with benefits for the standstill of the fleet.

Solicitud art. 7 RD Ley 11 2021

Declaración responsable art. 7 RD Ley 11 2021 alta

Declaración responsable art. 7 RD Ley 11 2021 prórroga

1) 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.  (Art.  6 Royal Decree-Law 11/2021, of 27  May).

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 June 2021.
• As of 01 June 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

1. 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 June 2021.
2. 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 June 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 September 2021 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.

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 June when the suspension of activity has been agreed prior to 1 June 2021 and the extraordinary benefit referred to in Article 5 of Royal Decree-Law 2/2021, of 26 January, 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 June 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 four 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 30 September 2021, whichever is  earlier.

INCOMPATIBILITIES

• Receipt of the benefit is incompatible with the exemption from contributions established in Article 5 of Royal Decree Law 11/2021.
• Receipt of the benefit is incompatible with receipt of remuneration for work as an employed person, unless income from work as an employed person is less than 1.25 times the minimum professional wage;
• With another self-employed activity;
• 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 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.

Solicitud art. 6 RD Ley 11 2021

Declaración responsable art. 6 RD Ley 11 2021