RDL 18/2021: Article 9

To those self-employed workers who are forced to suspend all their activities ¹ as a consequence of a resolution adopted by the competent authority as a measure to contain the spread of the virus COVID-19.

It would affect resolutions of total suspension of the activity:

• With suspension of activity as of October 1.
• With suspension of activity prior to October 1 but that had not been requested ⁽²⁾ as of September 30.

As of October 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, they will be entitled to a financial benefit for 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 registered in the Special Regime, at least 30 calendar days in advance of the date of the resolution that agrees 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 2/2021 or resort to requesting the ordinary benefit for cessation of activity.

⁽²⁾     A systematic interpretation of art. 6 of RD-Law 11/2021 and art. 9 of RD-Law 18/2021 leads to the conclusion that benefits linked to the forced suspension of activity prior to October 1, 2021 must be managed as follows: request the benefit regulated in art. 6 of RD-Law 11/2021 and if the suspension persists on September 30, also request art. 9 of RD-Law 18/2021.

Esta prestación consta de 2 ayudas:

• El abono de una prestación económica cuya cuantía se calculará aplicando un determinado porcentaje a la base mínima de cotización que corresponda por la actividad desarrollada.

A la cuantía de la prestación resultante, no le serán de aplicación los topes máximos ni mínimos en función del número de hijos a cargo; en cambio, el porcentaje que se aplique para el cálculo de la prestación dependerá de la situación familiar:

• La exoneración de la obligación de cotizar (dándose como cotizado el periodo de exoneración).

⁽³⁾ Se entenderá por unidad familiar, a los efectos de esta prestación, las personas que convivan en un mismo domicilio y que estén unidas por vínculo familiar, o unidad análoga de convivencia (parejas de hecho), hasta el primer grado de parentesco por consanguinidad o afinidad.

This benefit can be requested between October 1, 2021 and until March 20, 2022 ⁽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 October 1:

1. Suspensions prior to October 1 presented until October 20 October (inclusive) :
   • They will earn the right to the financial benefit from October 1.
   • The exemption from the obligation to contribute will come into effect from October 1.
2. Suspensions after October 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 application.
   • 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 March 20, 2022 since the maximum duration is until February 28 and the effects of applications submitted within 21 calendar days following the adoption of the activity closure measure will be born 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 February 27, 2022. The benefit could be requested until March 20, 2022 and if presented within that period it would give rise to 1 day of benefit (corresponding to February 28, 2022) and the entire month of February 2022 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 February 28, 2022.

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 the activity is lifted and, at most, until February 28, 2022.

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 February 28, 2022 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 February 28, 2022 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 (February 28, 2022).
• 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.

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