5/2026 RDL (Article 38). Measures for the self-employed
Through this article, the legal status of the suspension of activities is established in response to serious damage caused by certain harmful meteorological phenomena, affecting in particular the Autonomous Regions of Andalusia and Extremadura.
For this specific reason for entering benefits, the requirement for a gap is eliminated and it is determined that receipt of this benefit will not be counted as time spent in future benefits away from activities that can be requested.
It should be reported that, as of now, it is not known that the Evaluation Committee of the Delegation of Andalusia and Extremadura has identified areas or municipalities affected by the Ministry of Territorial Policy and Democratic Memory in accordance with Article 7.2 of Royal Decree 5/2026 of February 17. in order to properly assess the conditions for obtaining the provision.
These are:
- Consider business interruption insurance.
To receive this benefit, you are not required to make 12 months of contributions to cover the withdrawal contingency, but you must elect to handle the withdrawal contingency.
- They have completely stopped their ongoing activities, either temporarily or permanently, due to the damage caused by the meteorological effects described in Royal Decree No. 5/2026 of February 17.
The suspension of activities must be a direct and immediate consequence of the meteorological phenomena described in the above-mentioned Royal Decree, such as the floods and storms that occurred in the municipalities of Andalusia and Extremadura, and the inhabitants of the affected municipalities must be expelled or evacuated (in whole or in part). 7.2 of 17 February ED 5/2026. Persons who withdraw from activity in whole or in part, temporarily or permanently, can apply for this benefit.
- affected cities: The place of activity or the place of the affected activities located in the municipality or the affected municipality from which the inhabitants have been expelled or evacuated (in whole or in part) in accordance with the provisions of Article 1. 7.2 of 17 February ED 5/2026.
- connect: In the event of climatic phenomena, join the Special Social Security Scheme (RETA) or the Special Social Security Scheme for Maritime Workers.
- Coverage: They organized exit coverage of the event.
- 爱: Activities directly affected by meteorological phenomena (such as floods and storms) described in Royal Decree No. 5/2026 of February 17.
- On the payment date of the special system fee. However, accepting the payment invitation takes 30 days to receive the benefits of regulating that payment.
- When hiring workers, please pay attention to labor obligations and social security.
This benefit includes the following subsidies:
- Payment of financial benefits, the amount of which will be calculated by request 70% of the average listing base for the 12 consecutive months prior to the decline., applying the maximum and minimum limits calculated in IPREM, based on the number of dependent children.
- Financial benefits will be calculated in the cases specified in Articles 331.1.a) 4 and 5 of the General Social Security Act, as well as in cases of temporary partial suspension due to unavoidable circumstances.50% The resulting regulatory basis.
Mútua will take over 100% of the self-employed person's share for as long as the cessation of activity continues, subject to legal exceptions.
This provision is incompatible and:
- Any other social security benefits you receive or start receiving (if this is incompatible with self-employment).
- Any additional work is done at your own expense.
The right to leave activity and work for others begins from birth.
On the other hand, self-employment work carried out before the commencement of discontinued activity benefits is compatible if the average monthly salary, as a result of the sum of the average monthly wages and discontinued activity benefits during the last four months before the right accrues, is lower than the minimum wage amount in the current occupation.
- Looking for help shutting down the fleet.
they will be the reason disappear Benefits:
- Gets the specified maximum duration.
- If you eventually retire, you will need to reach normal age and meet other requirements to receive retirement benefits.
- beneficiary dies
- Economic consequences: Economic consequences will be provisionally recognized from 4 February 2026.
- Benefit valid until May 31, 2026.
- Exception: Permanent relinquishment of activity, after expiration of the maximum period, may result in the receipt of the usual provisions of Article 331.1.b) of the General Social Security Act, if the required conditions are met.
- This benefit is irrevocable and will not be compensated with other Social Security benefits improperly received.
- Subsidy or fee reduction: Freelancers do not lose the right to receive bonuses or fee reductions during processing, as long as they apply to register immediately after the benefit ends.
- Benefit Review: From 1 September 2026, Mútua will be able to require beneficiaries to provide sufficient documentation to demonstrate their inability to work.
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