RDL 11/2021: Article 8

 

Who is this benefit aimed at?

To those workers who:

  • As of May 31, 2021, they were receiving some of the benefits regulated in arts. 6 or 7 of Royal Decree-Law 2/2021, of January 26.
  • They do not have the possibility of benefiting from the benefits of ordinary cessation of activity compatible with self-employment provided for in art. 7 of RDL 11/2021.
  • They intend to continue their professional activity on their own and not work for others.
  • They estimate a bad result in the 2nd and 3rd quarters of 2021.

 

Previous access requirements

  1. be given registration in the RETA or ReMAR  before from April 1, 2020 1.
  2. Not having been discharged from the Special Regime since April 1, 2020.
  3. Having been receiving, as of May 31, 2021, any of the benefits regulated in arts. 6 or 7 of Royal Decree-Law 2/2021, of January 26.
  4. Not having the possibility of accessing either the ordinary cessation of activity benefit, or the cessation of activity compatible with self-employment provided for in art. 7 of RDL 11/2021.
  5. Be up to date with the payment of contributions to the Special Regime at the time of requesting the benefit (otherwise, the Mutual Fund will invite you to be up to date, within a non-extendable period of 30 days).
  6. If you have employees in charge, you must be up to date with all labor and social security obligations with your workers.

 

Conditional access requirement

  1. Accredit a reduction in income taxable to the activity during the second and third quarter of 2021, with respect to those obtained in the first quarter of 2020(2).
  2. Not obtain, during the second and third quarter of 2021, net income taxable to the activity over €6,650

(1)  Self-employed workers who were registered on April 1, 2020 or who were subsequently registered cannot access this aid.

(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 second and third quarters 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%

  • The payment corresponding to the contribution of the  fee for common contingencies.

(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.

Is there an obligation to continue contributing to Social Security?

Yeah.While you receive the benefit and remain registered in the Special Regime, you have the obligation to enter all quotes  (4) that it would be appropriate to enter an ordinary situation.

(4)  The fact that this benefit includes aid equivalent to the proportional part of the fee that you must pay for common contingencies does not exempt you from the obligation to pay it. The aforementioned aid should be understood as “compensation” for the expense that is still required to be made as contributions to the Special Regime.

How long will the benefit last?

The benefit will last  maximum until September 30, 2021, provided that there is no prior cause for extinction.

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

This benefit is  incompatible  with:

  • Carrying out work as an employee.
  • Any Social Security benefit that has been received, unless it is compatible with self-employment activity.
  • 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:

  • Achieve the necessary deficiency to access the cessation of activity benefit compatible with self-employment provided for in art. 7 of Royal Decree-Law 11/2021.
  • Reach the maximum duration planned for the benefit (September 30, 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 June 1, 2021 to August 31, 2021, with the following effects:

  • Applications submitted until June 21 (inclusive): They will accrue the right to the benefit from June 1.
  • Applications submitted after June 22 (inclusive): They will accrue the right to the benefit from the first day of the month following the month of the request.

How can I process my request for access to this benefit?

We offer you two digital channels that will facilitate and guide you in your request. You can choose one or the other depending on whether you are a registered user of our Digital Office or whether you are not yet and do not want to create one.3.

Acceso a la Oficina Digital con usuario registradoAcceso a la Oficina Digital sin usuario registrado

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 August 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 second and third quarters of 2021.

 

(*) Annotations in red correspond to clarifications or issues subject to interpretation.

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