RDL 2/2021: Article 5

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

⁽¹⁾ This benefit  It 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.

Previous access requirements:

1. Be registered in the Special Regime, prior to 12/31/2020 and without subsequent interruption.
2. Be up to date with the payment of the 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 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 will not apply depending on the number of dependent children.; However, the percentage applied to calculate the benefit will depend on the family situation:

⁽³⁾ 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.

• The exemption from the obligation to contribute(the exemption period being quoted as quoted - 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 between the first day of the month in which the benefit is requested and the day before the application date will not be understood as the 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 after the adoption of the measure to suspend the activity by the competent authority is agreed.
• 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 the payment of fees will be extended:

• From: the first day of the month in which the measure to close the activity is adopted by the competent authority⁽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 benefit periods due to cessation of activity to which the beneficiary may be entitled in the future.

(4) In the event that the application is submitted 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 day 1 and the day prior to the application will not be considered as contributions.

This benefit is  incompatible with:

• Carrying out work as an employee when the income derived from it exceeds 1.25 times the SMI.
• With the performance of any other self-employed work whose activity has not been suspended by the competent authority.
• With the perception of income 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 activity.
• Receive aid for fleet paralysis (in the case of Sea workers).

They will be the cause of  extinction 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 can be requested  within the first 21 calendar days following 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 earn the right to economic benefit from the  day following the adoption of the closure measure of 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, understood as  the entire exemption period as quoted.
• Applications submitted out term:
  • They will earn the right to the economic benefit from the same  day of application submission.
  • 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 the request (inclusive) will be understood as quoted..

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.

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