RDL 11/2021: Article 6

To those self-employed workers who are forced to suspend all their activities ¹ as a result of a resolution ² adopted by the competent authority as a containment measure in the spread of the COVID19 virus.

It would affect resolutions of total suspension of the activity:

• With suspension of activity as of June 1.
• With suspension of activity prior to June 1 but that had not been requested ³ as of May 31.
• With suspension of the activity prior to June 1, they continued with the activity suspended on May 31 and received on that date the benefit regulated in art. 5 of Royal Decree-Law 2/2021, of January 26 (by application of the provisions of the second transitional provision of RDL 11/2021 ² ).

As of June 1, 2021, self-employed workers who are forced to suspend all their activities as a result of a resolution adopted 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 that began prior to the indicated date, will be entitled to a benefit economic due to cessation of activity of an extraordinary nature, in the terms established in this precept, provided that the following requirements are met.

Prerequisite access requirements:

1. Be given registration in the Special Regime, with a minimum notice of 30 calendar days regarding the date of the resolution agreeing to the suspension of the activity.
2. Be up to date with payment of contributions to the Special Regime on the date of publication of the resolution agreeing to the cessation of the activity (otherwise, the Mutual Fund will invite you to be up to date, within the period non-extendable for 30 days).

⁽¹⁾  This benefit is not aimed at those workers who are affected by reductions in opening hours, capacity limits, etc. that result in a reduction in billing. These cases must assess the possibility of accessing any of the rest of the benefits regulated in this Royal Decree-Law 11/2021 or resort to requesting the ordinary benefit of cessation of activity.

⁽²⁾ The second transitional provision of Royal Decree-Law 11/2021, of May 27, establishes that those self-employed workers who, as of May 31, were receiving the benefit for suspension of activity, as a consequence of the maintenance of said suspension, will automatically extend their benefit until the last day of the following month (*) in which they are lift such restriction (or until September 30 at the latest).

Although the rule establishes the extension, it will not be automatic and a new request must be made so that the benefit includes the same conditions established in art. 6 of RDL 11/2021. To do this, the specific form in article 6 will be used, which will soon be made available to you in our Digital Office.The request must be made within the first 21 calendar days of June.

(*) We understand that the same error that already occurred in the first transitional provision of Royal Decree-Law 2/2021 is being dealt with again and that had to be corrected in Royal Decree-Law 3/2021. There does not seem to be any desire to extend the benefit for one month longer than the original benefit.

This benefit consists of 2 aids:

• The payment of an economic benefit whose amount will be calculated by applying a certain percentage to the minimum contribution base that corresponds to the activity carried out.
  
  The maximum or minimum limits based on the number of dependent children will not apply to the amount of the resulting benefit; However, the percentage applied to calculate the benefit will depend on the family situation:

• Exemption from the obligation to contribute (taking the exemption period as contributions).

⁽³⁾   A family unit, for the purposes of this benefit, 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.

This benefit can be requested between June 1, 2021 and until October 20 ⁽⁴⁾.

The effects will depend on the filing date and whether the suspension of the activity for which you are requesting the benefit came into effect before or after June 1:

1. Suspensions prior to June 1 presented until June 21 (inclusive):
   • Will accrue the right to economic benefits from June 1.
   • The exemption from the obligation to contribute will begin in June.
2. Suspensions after June 1 presented within the first 21 calendar days following the entry into force  (effective date)  of the agreement or resolution to close the activity:
   • They will accrue the right to the financial benefit from the day following the adoption of the measure to close the activity.
   • The exemption from the obligation to contribute will arise from the first day of the month in which the measure to close the activity by the competent authority is adopted.
3. Rest of the assumptions (late submissions):
   • They will accrue the right to the financial benefit from the first day of the month following that of the request.
   • The exemption from the obligation to contribute will arise from the first day of the month following that of the application.

⁽⁴⁾   This benefit can be requested until October 20 since the maximum duration is until September 30 and the effects of applications submitted within 21 calendar days following the adoption of The measure to close the activity will come into effect the day after the request and will give the right to an exemption from contributions from the 1st of the month in which the suspension resolution comes into force.

The most extreme case will be a possible suspension of activity declared on September 29. The benefit could be requested until October 20 and if submitted within that period it would give rise to 1 day of benefit (corresponding to September 30) and the entire month of September would be exempt from contributions.

As long as the application is submitted on time:

The financial benefit will last:

• From: the day following the adoption of the measure to suspend the activity by the competent authority is agreed ⁽⁵⁾.
• Until:   the last day of the month in which the suspension of activity is lifted with the maximum limit of September 30, 2021.

The exemption from fee income will be extended:

• From: the first day of the month in which the measure to suspend the activity by the competent authority is adopted ⁽⁶⁾.
• Until: the last day of the following month in which the suspension of activity is lifted and, at most, until September 30, 2021.

The time of receipt of this benefit will not reduce the benefit periods for cessation of activity to which the beneficiary may be entitled in the future.

⁽⁵⁾  If the request for the benefit is submitted after the deadline, the financial benefit will be born from the first day of the month following that of the request.

⁽⁶⁾ If the application for the benefit is submitted after the deadline, the exemption from contributions will begin on the first day of the month following the month of the application.

It will depend on whether the benefit application has been requested within the deadline or not.

• If the request for the benefit has been made on time: There will be NO obligation to contribute. As long as the registration in the corresponding Special Regime is maintained, the self-employed worker will be exempt from the obligation to contribute during the time that the activity remains suspended, extending this exemption to the month following the month in which the restriction is lifted. Until September 30, 2021 at the latest.
• If the request for the benefit has been made after the deadline: the months elapsed since the suspension of the activity was declared and the month in who requested the benefit will NOT be exempt from the obligation to contribute. These exemptions will come into effect from the month following the month of the request and will last until the month following the lifting of the restrictions. Until September 30, 2021 at the latest.

The period during which the self-employed worker is exempt from the obligation to contribute will be understood as having contributed.

This feature is  incompatible  with:

• The implementation of employed work when the income derived from it exceeds the SMI by 1.25 times.
• With the performance of any other self-employed work whose activity has not been suspended by the competent authority.
• With the perception of returns from the company whose activity has been affected by the closure.
• Any Social Security benefit that has been received, unless it is compatible with self-employment.
• Receive aid for fleet paralysis (in the case of Sea workers).

They will cause the termination of the benefit:

• Reach the maximum duration planned for the benefit (September 30, 2021).
• The withdrawal from the Special Social Security Regime.
• The death of the beneficiary.

We put at your disposal two digital channels that will facilitate and guide you in your request. You can choose one or the other depending on whether you are already a registered user of our Digital Office or if you are not yet registered and do not want to create one.

(*) The annotations in red correspond to clarifications or questions subject to interpretation.