RDL 2/2021: Article 5

To those self-employed workers who, from February 1, 2021, are forced to suspend all their activities ¹  as a consequence of a resolution ²  adopted by the competent authority as a containment measure for the spread of the COVID-19 virus.

⁽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⁾ Those self-employed workers who have been forced to completely suspend their activity by a resolution adopted by the labor authority that was published prior to the entry into force of this rule will not be able to access this benefit. That is, those affected by resolutions published prior to February 1, 2021 will not be able to benefit from this benefit, but must opt ​​to request the benefit regulated in art. 13.1 of RDL 30/2020.

Prerequisite access requirements:

1. Be registered in the Special Regime, before 12/31/2020 and without interruption thereafter.
2. Be up to date with the payment of contributions to the Special Regime on the date of publication of the resolution agreeing to the cessation of the activity (otherwise, from the Mutual We will invite you to update yourself within a non-extendable period of 30 days).

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 depending on the number of dependent children will not apply; However, the percentage applied to calculate the benefit will depend on the family situation:

⁽³⁾ Family unit, for the purposes of this benefit, will be understood as the people who live together in the same home and who are united by family ties, or similar cohabitation unit (de facto couples), up to the first degree of kinship by consanguinity or affinity.

• The exemption from the obligation to contribute (with the exemption period considered as having been contributed -as long as the request is made within the deadline-).

No, during the time that the activity remains suspended and the registration in the corresponding Special Regime is maintained, the self-employed worker will be exempt from the obligation to contribute.

The period during which the self-employed worker is exempt from the obligation to contribute will be understood as having contributed, unless the application has been submitted after the deadline.

In the event that the application is submitted after the deadline, the period elapsed between the first day of the month in which the benefit is requested and the day before the date of application, will not be understood as a contribution period (although it will continue to be exempt from the obligation to contribute).

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.
• Until:   the last day of the month in which the suspension of activity is lifted with the maximum limit of May 31, 2021.

The exemption from fee income will be extended:

• From: the first day of the month in which the measure to close the activity by the competent authority is adopted ⁽⁴⁾.
• Until:   the last day of the following month in which the suspension of activity is lifted and, at most, until May 31, 2021.

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.

(4) In the event of submitting the application after the deadline, the exemption from contributions will arise on the first day of the month in which the benefit is requested, although the days elapsed between the 1st day and the day prior to the application will not be considered as contributions.

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 (May 31, 2021).
• The withdrawal from the Special Social Security Regime.
• The death of the beneficiary.

This benefit may be requested within the first 21 calendar days following the entry into force (effective date) of the agreement or resolution to close the activity , with the following effects:

• Applications submitted within the deadline:
  • 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 is adopted by the competent authority, meaning all the exemption period as quoted .
• Applications submitted out  deadline:
  • They will accrue the right to the financial benefit from the same  day of submission of the application .
  • The exemption from the obligation to contribute will arise from the first day of the month in which the benefit is requested, but only the period from the day of request (inclusive).

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.

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