RDL 30/20020: Article 13, section 1

To those self-employed workers who are forced to suspend all their activities ¹ as a result of a resolution ² adopted by the competent authority as a measure to contain 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 30/2020 or resort to requesting the ordinary benefit of cessation of activity.

⁽²⁾ 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 October 1, 2020 will not be able to benefit from this benefit.

The cases included in the previous sections must evaluate the possibility of accessing any of the rest of the benefits regulated in this Royal Decree-Law 30/2020 or resort to requesting the ordinary cessation of activity benefit.

1. Be registered in the Special Regime, at least 30 calendar days before the date of publication of the resolution agreeing to the cessation of the activity.
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, the Mutual Fund will invite you to be up to date, within the non-extendable period of 30 days).

Esta prestación consta de 2 ayudas:

• El abono de una prestación económica cuya cuantía se calculará aplicando un determinado porcentaje a la base mínima de cotización que corresponda por la actividad desarrollada (y que, previsiblemente, tributará en el IRPF).
  
  A la cuantía de la prestación resultante, no le serán de aplicación los topes máximos ni mínimos en función del número de hijos a cargo; en cambio, el porcentaje que se aplique para el cálculo de la prestación dependerá de la situación familiar:

⁽³⁾ Se entenderá por unidad familiar, a los efectos de esta prestación, las personas que convivan en un mismo domicilio y que estén unidas por vínculo familiar, o unidad análoga de convivencia (parejas de hecho), hasta el primer grado de parentesco por consanguinidad o afinidad.

• La exoneración de la obligación de cotizar (dándose como cotizado el periodo de exoneración –siempre que la solicitud se realice en plazo-).

No, during the time that the activity remains suspended and 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 measure to close the activity is adopted and the day prior to the date of application, will not be understood as a contribution period (although it will continue to be exempt from the obligation to contribute).

Provided that the application is submitted within the deadline:

The financial benefit will last:

• From: the day following the agree to 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 the activity is lifted.

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 of the competent authority.
• Until:   the last day of the following month in which the suspension of the activity is lifted.

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.

This benefit is incompatible with:

• The performance of 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 cause termination of the benefit:

• Reach the maximum duration planned for the benefit.
• The withdrawal from the Special Social Security Regime.
• The death of the beneficiary.

This benefit may be requested within the first 15 business 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 closure 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, understanding the entire period of exemption as having been contributed.
• Applications submitted outside of the 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 measure to close the activity is adopted by the competent authority, but only the period from the day of the request (inclusive) will be understood as having contributed. .

We put at your disposal two digital channels that will facilitate and guide you in your application. 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.