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 benefit of cessation of activity provided for in 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 ordinary cessation of activity benefits established in articles 327 and following of Royal Decree-Law 8/2015 (LGSS), nor to the cessation of activity compatible with self-employment provided for in art. 10 of this Royal Decree-Law 18/2021 .
- They intend to continue with their professional activity on their own and Do not work as an employee .
- They estimate a bad result in the 3rd er and 4th or quarter of 2021.
Prerequisite access requirements
- Be registered registered in the RETA or ReMAR before 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 of Royal 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 this Royal 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 contact current, within the non-extendable period of 30 days).
- If you have employees in charge, you must be aware of all labor obligations and social security with its workers.
Conditional access requirement
- Accredit a reduction of at least 75% of the income taxable to the activity during the fourth quarter of 2021 , compared to those obtained in the fourth quarter of 2019 (2).
- Not obtaining, during the third and fourth quarters of 2021 , net returns 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 cancel later cannot access this aid.
(2) To calculate the reduction in income, the registration period in the fourth quarter of 2019 will be taken into account 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 financial 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 based on the number of dependent children will not apply; 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 are entitled to this same extraordinary benefit. | 40% (each) |
Rest of cases | 50% |
- The payment corresponding to the contribution of the fee for common contingencies .
(4) A family unit, for the purposes of this benefit, will be understood as people who live together in the same home and who are united by family ties, or an analogous unit of coexistence (de facto couples), up to the first degree of kinship. by consanguinity or affinity.
Is there an obligation to continue contributing to Social Security?
Yes. As long as you receive the benefit and remain registered in the Special Regime, you have the obligation to enter all the contributions (5) that should be entered in 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 a contribution to the Special Regime.
How long will the benefit last?
The benefit will have a maximum duration of until February 28, 2022 , provided that there is no prior cause for termination.
The time of receipt of this benefit will NOT reduce the benefit periods for ordinary 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 feature is incompatible with:
- The performance of 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.
- The perception of returns from a company.
- Receive aid for fleet paralysis (for Sea workers).
They will cause the termination of the benefit:
- Reach 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): will accrue the right to the benefit from October 1.
- Applications submitted after October 22 (inclusive): 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:
- Resign to the benefit at any time before January 31, 2022, with 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 will not comply - with the access requirements conditioned on the economic result of the third and/or fourth quarter of 2021.
(*) The annotations in red They correspond to clarifications or issues subject to interpretation.


