RDL 18/2021: Article 11
Extraordinary cessation of activity benefit for those self-employed workers who are active and as of September 30, 2021 were receiving any of the cessation of activity benefits provided for in articles 7 and 8 of Royal Decree-Law 11/2021, of May 27, on urgent measures for the defense of employment, economic reactivation and protection of self-employed workers and cannot cause the right to the ordinary cessation of activity benefit provided for in the article. 10 of this royal decree-law. (PECANE 2.4)
Who is this benefit aimed at?
To those workers who:
- As of September 30, 2021, they were receiving some of the benefits regulated in arts. 7 and 8 of Royal Decree-Law 11/2021, of May 27.
- They do not have the possibility of benefiting from the benefits of ordinary cessation of activity established in articles 327 and following of theRoyal Decree-Law8/2015 (LGSS), nor to the cessation of activity compatible with self-employment provided for in art. 10 of thisRoyal Decree-Law 18/2021.
- They intend to continue with their professional activityon your own and not work as an employee.
- They estimate a bad result in the 3rd er y 4 o quarter 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.
- Having been receiving, as of September 30, 2021, any of the benefits regulated in arts. 7 and 8 ofRoyal Decree-Law 11/2021, of May 27.
- 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. 10 of thisRoyal Decree-Law 18/2021.
- 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).
- If you have employees in charge, you must be up to date with all labor obligations and social security with their workers.
Conditional access requirement
- Accredit a reduction of at least 75% of income taxable to the activity during the fourth quarter of 2021, with respect to those obtained in the room quarter of 2019(2).
- Not obtain, during the third and fourth quarter of 2021, net income taxable to the activity greater than 75% of the SMI in said period(3).
(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 period of registration in the fourth quarter of 2019 and will be compared with the proportional part of the income in the fourth quarter of 2021
(3) Since art. 1 Royal Decree 817/2021, of September 28, which sets the minimum interprofessional salary for 2021, has set the SMI as of September 1, 2021 at €965/month.
The reference to 75% of the SMI in the third and fourth quarters of 2021 will be €4,320.
75% SMI 3Q and 4Q 2021 = 75% x (€950 + €950 + €965 + €965 + €965 + €965) = €4,320
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 (4) 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.
(4) 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 (5) that it would be appropriate to enter an ordinary situation.
(5) 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 February 28, 2022, 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.
What are the incompatibilities with this benefit or the causes of termination?
This benefit is incompatible with:
- Carrying out work as an employee.
- The performance of another activity on one's own account.
- 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. 10 of Royal Decree-Law 18/2021, or that regulated in title V of the General Social Security Law.
- Reach the maximum duration planned for the benefit (February 28, 2022).
- 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 October 1, 2021 to January 31, 2022, with the following effects:
- Applications submitted until October 21 (inclusive): They will accrue the right to the benefit from October 1.
- Applications submitted after October 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?
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 January 31, 2022, 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 third and/or fourth quarter of 2021.
(*) Annotations in red correspond to clarifications or issues subject to interpretation.

