RDL 2/2021: Article 6
Extraordinary cessation of activity benefit for those self-employed workers who cannot qualify for the cessation of activity benefit compatible with self-employment provided for in article 7 of RDL 2/2021 or to the cessation of activity benefit regulated in arts. 327 et seq. of the LGSS.
Who is this benefit aimed at?
To those workers who:
- They do not have the possibility of benefiting from the benefits for ordinary cessation of activity established in articles 327 et seq. of RDL 8/2015 (LGSS), nor the benefit for cessation of activity compatible with self-employment provided for in art. 7 of RDL 2/2021.
- They intend to continue with their professional activity.
- They estimate a bad result in the 1st semester of 2021.
Previous access requirements
- be given registration in the RETA or ReMAR before from April 1, 2020 1.
- Not having been discharged from the Special Regime since April 1, 2020.
- Be up to date with payment of contributions to the Special Regime at the time of requesting the benefit (Otherwise, from the Mutua we will invite you to update yourself, within the non-extendable period of 30 days).
(1) Self-employed workers who were registered on April 1, 2020 or who were subsequently registered cannot access this aid.
Conditional access requirement
- Accredit a reduction in income taxable to the activity during the first half of 2021, with respect to those obtained in the first quarter of 2020(2).
- Not obtain, during the first half of 2021, net income taxable to the activity over €6,650
(2) To calculate the reduction in income, the registration period in the first quarter of 2020 will be taken into account and will be compared with the proportional part of the income in the first half of 2021.
What does the benefit consist of?
This benefit consists of 2 aids:
- The payment of a economic benefit whose amount will be calculated by applying a certain percentage to the minimum contribution base that corresponds to the activity carried out.
To the amount of the resulting benefit, The maximum or minimum limits will not apply depending on the number of dependent children.; However, the percentage applied to calculate the benefit will depend on the family situation:
|
Family situation |
% applicable |
|
family unit (3) in which 2 or more members have the right to this same extraordinary benefit. |
40% (each) |
|
Rest of cases |
50% |
(3) For the purposes of this benefit, a family unit will be understood as the people who live together in the same home and who are united by family ties, or similar cohabitation units (de facto couples), up to the first degree of kinship by consanguinity or affinity.
- The exemption from the obligation to contribute (taking the exemption period as quoted).
Is there an obligation to continue contributing to Social Security?
No, during the time that the benefit is received and registration in the corresponding Special Regime is maintained, the self-employed worker will be exempt from the obligation to contribute.
The period during which the self-employed worker is exempt from the obligation to contribute will be understood as having contributed.
How long will the benefit last?
The benefit will last maximum until May 31, 2021, provided that there is no prior cause for extinction.
The time of receipt of this benefit will not reduce benefit periods due to cessation of activity to which the beneficiary may be entitled in the future.
What are the incompatibilities with this benefit or the causes of termination?
This benefit is incompatible with:
- Any Social Security benefit that has been received, unless it is compatible with self-employment activity.
- Carrying out work as an employee when the income derived from it exceeds 1.25 times the SMI.
- The perception of returns from a company.
- Receive aid for fleet paralysis (for maritime workers).
They will be the cause of extinction of the benefit:
- Reach the necessary deficiency to access the ordinary benefit for cessation of activity provided for in art. 7 of Royal Decree-Law 2/2021, or that regulated in title V of the General Social Security Law.
- Reach the maximum duration planned for the benefit (May 31, 2021).
- The withdrawal from the Special Social Security Regime.
- The death of the beneficiary.
What is the deadline to request this benefit?
This benefit can be requested from February 1, 2021 to April 30, 2021, with the following effects:
- Applications submitted between February 1 and 21 (both inclusive): They will accrue the right to the benefit from February 1.
- Applications submitted after February 22 (inclusive): They will accrue the right to the benefit from the first day of the month following the month in which the application is submitted.
How can I process my request for access to this benefit?
Can the benefit be waived or withdrawn after having requested it?
Yes, the worker who has requested payment of this benefit can:
- Give up to the benefit at any time before May 31, 2021, the resignation taking effect the month following its communication.
- Return the benefit on your own initiative for cessation of activity without having to wait for the Mutua's claim, when it considers that it has not complied - or is not going to comply - with the access requirements conditioned on the economic result of the first half of 2021.
(*) Annotations in red correspond to clarifications or issues subject to interpretation.

