RDL 5/2026 (Article 38). Measures for self-employed workers

To those workers who:

• Have coverage for cessation of activity.



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.

• They have completely ceased the activity they carried out on their own account, either temporarily or permanently, as a result of the damage suffered by the meteorological consequences described in Royal Decree Law 5/2026, of February 17.



The cessation of activity must be a direct and immediate consequence of the damage suffered by the meteorological phenomena described in the aforementioned Royal Decree Law, such as floods and storms, which took place in municipalities of Andalusia and Extremadura, whose inhabitants had to be evacuated or evacuated (totally or partially) and in those municipalities affected in accordance with the provisions of art. 7.2 of RD-Law 5/2026, of February 17. Those who cease their activity totally or partially, temporarily or permanently, can apply for the benefit.

• Affected municipalities: have the domicile of the activity located or be affected in the municipalities whose inhabitants have been evicted or evacuated (totally or partially), or in those municipalities affected in accordance with the provisions of art. 7.2 of RD-Law 5/2026, of February 17.
• Affiliation: be affiliated and registered in the Special Social Security Regime for Self-Employed or Self-Employed Workers (RETA) or in the Special Social Security Regime for Sea Workers before the weather phenomena occurred.   
• Coverage: have coverage for cessation of activity arranged.
  • Exception: those who do not have such coverage arranged may submit the application to the mutual insurance company, with the option provided for in article 83.1.b) of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015, of October 30, being understood to have been carried out from that moment on, with effect from the first day of the month in which the right to the extraordinary benefit for cessation of activity is accrued. Together with the request for the benefit, they must formalize the corresponding membership with said mutual insurance company.
• Affectation: The activity must have been directly affected by the meteorological phenomena described in Royal Decree-Law 5/2026, of February 17, such as floods and storms.
• Be up to date with the payment of contributions to the Special Regime. However, the invitation to pay is allowed to regularize said payment within a period of 30 days to access the benefit.
• If you have employees in charge, be up to date with your labor and Social Security obligations.

This benefit consists of the following financial aid:

1. The payment of an economic benefit whose amount will be calculated by applying the  70% 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, with the application of the maximum and minimum limits calculated on the IPREM based on the number of dependent children.
2. In the cases included in article 331.1.a) 4th and 5th of the General Law of Social Security, and in cases of partial temporary suspension due to force majeure, the economic benefit will be calculated in accordance with the 50% of the resulting regulatory base.

The Mutual Fund will be responsible for 100% of the contribution of self-employed workers for the duration of the situation of cessation of activity, with the exception of the exceptions that are legally provided.

 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.
• Carrying out 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 be the cause of  extinction of the benefit:

• Reach the maximum duration planned 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.
• The death of the beneficiary.

• Economic effects: economic effects will be provisionally recognized from February 4, 2026.
• Exhaustion of the benefit: until May 31, 2026.
  • Exception: definitive total cessation of activity in which, once the maximum duration has been exhausted, the amount normally provided for in article 331.1.b) of the General Social Security Law may be received, if the required requirements are met.

• This benefit will not be seized, and may not be offset with other Social Security benefits unduly received.
• Subsidized or reduced contributions: Self-employed workers will not lose the right to bonuses or reductions in the contribution for the time remaining pending, as long as they request registration immediately after the end of the benefit.
• Review of the benefit: as of September 1, 2026, the Mutual Fund may require the beneficiary to provide proof of sufficient documentation in order to prove the impossibility of carrying out the work activity. 

You can send us your request by sending us the following form in PDF format.