RDL 6/2024 (Article 24). Measures for self-employed workers in response to damage caused by DANA

To those workers who:

• Have cessation of activity coverage.



To access the benefit, the requirement of having 12 months of contributions to the contingency of cessation of activity will not be necessary, but you must have chosen to cover the contingency of cessation of activity.

• Have totally or partially ceased the activity they carried out on their own account, either temporarily or permanently, as a result of the damages suffered by DANA.



The cessation of the activity must be a direct and immediate consequence of the damages suffered by DANA between October 28 and November 4 and provided that the professional activity was carried out in one of the municipalities listed in the annex of the Real Decree-law 6/2024, of November 5.

The requirements for access to the benefit are those of the ordinary benefit for cessation of activity, but with the adjustments and conditions established in art. 24 of Royal Decree-Law 6/2024, of November 5.

Considering these adjustments, the requirements for access to the benefit would be the following:

1. Be registered in the Special Regime at the time the causing event occurred. That is, on the date on which the accident occurred, as a consequence of the DANA, which motivates the definitive cessation of professional activity (which must occur between October 28, 2024 and November 4, 2024).
2. Have coverage for cessation of activity arranged.
3. Accredit the legal cause for termination due to “force majeure” as established in art. 24 of Royal Decree-Law 6/2024, of November 5.
   That is, that there is a total or partial cessation of the activity, that said cessation must be a direct and immediate consequence of the damages suffered by DANA between October 28 and November 4 and provided that the professional activity was carried out in one of the municipalities listed in the annex to Royal Decree-Law 6/2024, of November 5.

4. In the event that the cessation in professional activity is definitive:
   • Having been discharged from the Special Regime, signing the activity agreement (art. 3 of Law 3/2023, of February 28, on Employment) and accrediting active availability for reintegration into the labor market through training and orientation activities professional and promotion of entrepreneurial activity to which the public employment service of the corresponding Autonomous Community may call, or, where appropriate, the Social Institute of the Navy.
   • Provide the request for deregistration in the Tax Census of businessmen, professionals and withholders and the deregistration in the special Social Security regime in which the applicant is included. In the event that the activity requires the granting of authorizations or administrative licenses, the communication of the corresponding withdrawal request and, where appropriate, the granting of the same, or the agreement to withdraw it, will be accompanied.
   • Not having reached the ordinary age to qualify for a contributory retirement pension, unless the self-employed worker has not proven the contribution period required for this.
5. In the event that the cessation in professional activity is temporary, not having caused withdrawal from the Special Regime.
6. In the event that the cessation in the activity is partial it will be required to prove that there has been a drop in income of 75% of the activity compared to the same period of the previous year and that the monthly income does not reach the minimum interprofessional salary or the amount of the contribution base for which it was contributing (if this is lower).
7. Be up to date with the payment of contributions to the Special Regime (otherwise, the Mutual Fund will invite you to be up to date, within a non-extendable period of 30 days).
8. If you have employees in charge, you must be up to date with all labor and social security obligations with your workers.

The scope of this benefit will depend on the type of cessation of activity that occurs.

In all cases there will be a financial benefit, the amount of which will depend on the type of termination that occurs:

• Total cessation (definitive or temporary): the amount of the benefit will be calculated by applying the 70% of the average of the bases for which contributions had been made. during the 12 continuous months immediately preceding the legal situation of termination, with the application of the maximum and minimum limits calculated on the IPREM based on the number of dependent children.
• Partial cessation: the amount of the benefit is will be calculated by applying 50% of the average of the bases for which contributions would have been made during the 12 continuous months immediately preceding the legal situation of termination (without applying maximum or minimum limits).

In addition, the mutual company will assume the cost of the contribution while this benefit is received (the General Treasury of the Social Security will automatically charge the Mutual with the contributions).

This benefit for cessation of activity, in any of its modalities, may be received until January 31, 2025.

A peculiarity of this benefit is that the time received will not be computed for the purposes of consuming the maximum periods of receipt established in article 338 of the consolidated text of the General Law of Social Security in future ordinary termination benefits that may be requested.

The dates initially scheduled to order the payment(*) of these benefits are:

• November 29.
• December 30.
• January 30.

(*) Keep in mind that 1 or 2 days usually pass between the Mutual Fund issuing the payment order and your bank making the payment effective.

During the receipt of this benefit there will be no obligation to continue contributing to Social Security.

However, in cases of temporary cessation of activity (whether total or partial) what will exist is the obligation to remain registered in the Special Regime.

This benefit is incompatible  with:

• Any other Social Security benefit that has been received or is beginning to be received, unless it is compatible with self-employment activity.
• The performance of any other self-employed work.
• The performance of work as an employee started after the birth of the right to benefit for cessation of activity.
On the other hand, it will be compatible with employed work that was carried out prior to the start of the accrual of the benefit for cessation of activity, as long as the sum of the average monthly remuneration of the last four months immediately prior to the birth of the right and the benefit for cessation of activity, results in an average monthly amount lower than the amount of the interprofessional minimum wage in force at the time of the birth of the right.
• Receive aid for fleet paralysis.

They will cause termination  of the benefit:

• Reaching the maximum duration provided for the benefit.
• In the event that the cessation of the activity is definitive, compliance with the ordinary age and the rest of the requirements to access the retirement benefit.
• In the event that the cessation of the activity is temporary, the withdrawal from the Special Regime.
• The death of the beneficiary.

This benefit may be requested until December 31, 2024, with the right recognized, on a provisional basis, from October 29, 2024.

Applications submitted after December 31, 2024, will also be recognized, on a provisional basis, from October 29, 2024, but will deduct from the collection period the days that have elapsed between the date on which it should have been submitted the application (12/31/2024) and the date on which  was finally submitted.

In any case, even if you do not have documentation proving your identity, you can always request the benefit so as not to lose your right to it (and at Fraternidad-Muprespa we recommend that you do so).

Given the exceptional circumstances that have occurred due to the devastating effects of the DANA, access to the benefit will be facilitated with the minimum necessary information to guarantee that the payment will be made in favor of the person who holds the title of the activity that has ceased (even if they cannot present all the documents proving their identity).

In this sense, we will be able to recognize and pay the benefit when:

• Provide the DNI/NIE and a document that allows verifying the ownership of the account in which you request payment of the benefit (bank certificate, receipts, etc...).
• The data you enter in your application (DNI/NIE and bank account number) match the data of any previous benefit request that you have made in this Mutual Fund.
• If we do not have prior information in our database, providing a bank certificate stating your DNI/NIE and bank account number. We will be able to recognize and pay the benefit, provided that the bank account number matches the one reported in the application and through the telematic means offered by the General Social Security Treasury, we can verify that the DNI / NIE corresponds to a self-employed worker attached to Fraternidad-Muprespa and who has declared a tax activity in one of the municipalities included in the annex to Royal Decree-Law 6/2024.

In any other case, we will not be able to recognize and pay the benefit. Instead, we will ask you to provide supporting documentation that allows us to verify your identity and we will paralyze the resolution of your benefit request so that you do not lose the right to it.

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 already a registered user of our Digital Office or if you are not yet registered and do not want to create one.