Review of extraordinary benefits for cessation of activity regulated in article 7 Royal Decree-Law 2/2021, of January 26

Any means of notification will be admitted to present the allegations that it deems appropriate. However, at

Requests received by this means will provide you with immediate acknowledgment of receipt and the possibility of monitoring the processing status online. Furthermore, allegations received by this means will be resolved on a preferential basis.

However, you can also send us your allegations by any other means (recommending that it be a means that reliably certifies delivery).

Consult the address of your nearest management center: Fraternidad.com/centros .

If you are the self-employed worker's advisor and have a digital office user, we recommend that you complete the allegations process by accessing the following link:

Fraternidad.com/OficinaDigital

In any other case, if you do not yet have a Digital Office user, you can process allegations through the following address:

Fraternidad.com/alegacionesCATACOVID

Once you have accessed our Digital Office, you can send us your allegations following the steps described in this manual .

During the review, the following points will be analyzed:

a) Be registered in the Special Social Security Regime at the time the benefit accrual begins.

b) Have a minimum gap of 12 months of contributions upon cessation of activity (CATA) immediately prior to the start of the benefit.

c) Be up to date with contributions with Social Security at the time the accrual of the benefit begins or have a deferral recognized prior to said date.

d) At the time of requesting the benefit, comply with all labor and Social Security obligations that you assumed with respect to all the workers under your care (if you have them).

e) Accredit in the first half of 2021 a reduction in taxable income from self-employed activity of more than 50% of that received in the second half of 2019 .

f) Not having obtained during the first semester of 2021 net returns exceeding €7,980 (nor that the proration of the net returns for said semester exceeds €1,330/month).

It should begin by clarifying that affiliation to Social Security is the responsibility of the General Treasury of Social Security (TGSS) and that the Mutual Fund can only access to verify the information, but cannot modify it.

Within the verification acts in the review of this benefit, the Mutual Fund has agreed to verify the affiliation status that, today, appears in TGSS for the date of access to the benefit. It could be that since you requested the benefit there has been some modification in your affiliation that affected the provisional recognition that was given to you.

In these cases, you must request a certificate from the TGSS indicating that as of 02/01/2021 you were registered in the Special Regime and that said registration has not been subsequently revoked. Alternatively, it would be enough for the TGSS to regularize the information in its database and the Mutual Fund would agree to verify it directly.

In any case, you can always provide any legally accepted documentation that you consider can prove the registration requirement in the Special Regime.

This incident determines that the Mutual Fund, with the information to which it has had access, has not been able to prove that it has contributed for the contingency of cessation of activity for at least the 12 months immediately prior to the start of this benefit.

In this sense, you must take into account the following considerations:

• If you were quoting at a flat rate, as a general rule and unless expressly chosen on your part, said flat rate did not include coverage for cessation of activity.
• Contributions for cessation of activity that have already been taken into account for the recognition of a cessation of activity benefit (ordinary or extraordinary that consume contributions for cessation of activity -POECATA's-) cannot be computed again to cover the gap of the 12 months of contributions for the contingency of cessation of activity.

You can prove the deficiency by providing contribution receipts from the General Social Security Treasury (TGSS), from the 12 months prior to the start of the benefit, which show the fee for cessation of activity coverage. You could also prove it through a certificate from the TGSS stating the periods of coverage for the contingency of cessation of activity that you have had in the last 4 years.

In any case, you can always provide any legally accepted documentation that you consider can prove that you were up to date with your Social Security contributions.

First of all, we must indicate that the debt information has been obtained from the databases of the General Treasury of Social Security (TGSS) and that the Mutual Fund only has consultation access to said data, and cannot clarify or modify said information.

To prove the non-existence of the debt, there are the following alternatives:

1. Provide a certificate from the TGSS that certifies that on 02/01/2021 you were up to date with all debts with Social Security.
2. Provide a resolution from the TGSS to defer the debt that may have been recognized as of 02/01/2021. Said resolution must be prior to 02/01/2021 and be accompanied by documentation that proves having complied, in the period 02/01/2021 to 05/31/2021, with the amortization periods indicated in the aforementioned resolution.
3. If during the receipt of the benefit you received an invitation to pay the fees owed, you may provide documentation that justifies that you were up to date with said fees within 30 days of receipt.

Otherwise, this invitation will have been made to you along with the hearing process and, therefore, you will have 30 calendar days to pay all the debt, prior to 02/01/2021, that you owed with Social Security. If you pay said debt, you must provide proof of payment of the debt and a certificate from the TGSS that you are up to date with payment as of 02/01/2021.

Important: For the purposes of catching up on payment of the debt prior to 02/01/2021, the recognition of a debt deferral after said date will have no effect (only the effective payment of the debt will have that effect).

In any case, you can always provide any legally accepted documentation that you consider can prove that you were up to date with your Social Security contributions.

First of all, we must indicate that this information has been provided to us by the General Treasury of Social Security (TGSS) itself and that the Mutual Fund does not have the option of verifying these details.

In these cases, you must request a certificate from the TGSS indicating that at the time of requesting the benefit (section 2 of article 7 of RDL 2/2021) you were up to date with the labor and Social Security obligations of the workers under your care.

In any case, you can always provide any legally accepted documentation that you consider can prove that you were up to date with your Social Security contributions.

This may be due to the fact that the Mutual Fund, with the information at its disposal, has not been able to prove that a reduction in taxable income from self-employment activity of more than 50% of that in the second semester of 2019 had occurred in the first half of 2021.

In relation to the income reduction requirement, this may be met in one of the following ways:

1. The reduction will be presumed to be accredited , without having to provide any type of additional documentation , when the professional activity carried out during the receipt of the benefit was among those that experienced a reduction of more than 7.5% in the average daily number of affiliated workers with activity. to the Social Security system, during the period of receipt of the benefit, in relation to the fourth quarter of 2019 (second additional provision of Royal Decree-Law 3/2021, of February 2).
2. Providing tax and/or accounting documentation that reliably proves the reduction in billing income required by the standard.

You may justify access to the benefit by providing the following form:

This form, depending on the type of taxation, must be accompanied by the following documentation:

1. Taxation by direct estimate:

General rule : they must only present the 303 forms corresponding to the 3rd ^er and 4th quarter of 2019 and the 1st and 2nd quarter of 2021.

Exceptions: (not required to present form 303 as a natural person).

• Administrator and/or partner: you must present form 303 of your company corresponding to the 3rd ^er and 4th quarter of 2019 together with the 1st ^er and 2nd quarter of 2021 and the documentation that proves your connection with it (partner's book or registered shares registered in the commercial registry, company deeds or any means of proof admitted by law). If you are an administrator of several companies, you must present this documentation for each of them.
• Any other person not required to present form 303:
  • Obligated to present form 130 : must present form 130 corresponding to the 2nd, 3rd, 3rd, and 4th quarters of 2019 along with that of the 1st and 2nd quarters of 2021.
  • Not required to present form 130: you must present form 036 and the sales and income book corresponding to the 2nd semester of 2019 and 1st ^er semester 2021.

 

2. Taxation by objective estimate:

They must present form 131 corresponding to the 3rd ^er and 4th quarter of 2019 and those of the 1st ^er and 2nd quarter of 2021, along with the sales and income book corresponding to the 2nd semester of 2019 and 1st ^er semester 2021.

Suggestion: To speed up the resolution of your file, those who have to present the sales and income book are recommended to provide it in the Excel format attached to the form (although they can present it in any other format or means of proof accepted by law).

Alternatively to the previous methods, you may also justify access to the benefit by alleging and documenting that the activity that you carried out and justified your classification in the Special Regime was different from the one that the Mutua has evaluated in its review and that it was actually one of the activities affected by the reduction of more than 7.5% in the average daily number of active workers affiliated with the Social Security system, during the period of receipt of the benefit, in relation to the fourth quarter of 2019 (second additional provision of Royal Decree-Law 3/2021, of February 2).

In this case, you must regularize your situation in the TGSS and provide the following documentation:

- TGSS document that certifies the new activity and that covers the period 02/01/2021 to 05/31/2021.

- Economic activities tax for the year 2021.

- Any other document admitted by law that accredits or endorses the exercise of the activity that you intend to allege.

This may be due to the fact that the Mutual Fund, with the information at its disposal, has not been able to prove that during the first half of 2021 net returns greater than €7,980 have not been obtained (nor that the proration of net returns in said semester does not exceed €1,330/month).

You can prove compliance with this requirement by providing the following form:

Said form, depending on the type of taxation, must be accompanied by the following documentation:

1. Taxation by direct estimate:

General rule: you should only submit the 130 forms corresponding to the 1st ^er and 2nd quarter of 2021.

Exceptions: (those who are not obliged to present form 130)

• Administrator and/or partner: you must present form 190 and the list of all payrolls for the year 2021. In the case of being an administrator of several companies, you must present this documentation for each of them.
• Any other person not required to present form 130: must present form 036, the sales and income book, together with the purchase and expense book corresponding to the 1st ^er half of 2021.

 

2. Taxation by objective estimate:

They must present model 131 corresponding to the 2nd quarter of 2021, the sales and income book, together with the purchase and expense book corresponding to the 1st ^er semester of 2021.

Suggestion: To speed up the resolution of your file, those who have to present the sales and income books, along with the purchases and expenses , it is recommended that they provide it in the Excel format attached to the form (although they can present it at any other format or means of evidence admitted by law).

This may be due to the fact that the Mutual Fund, with the information at its disposal, has not been able to prove that a reduction in taxable income from self-employment activity of more than 50% of that in the second half of 2019 had occurred in the first half of 2021; nor that during the first half of 2021 net returns greater than €7,980 have not been obtained (nor that the proration of net returns in said quarter exceeds €1,330/month).

In these cases, the documentation related to the two previous sections must be submitted (although the form does not have to be submitted in duplicate, since the same form will serve to prove both situations).

There are several reasons that may result in a higher benefit being paid than what should have been due. Among them, the most common are the following:

a) Overlapping with other Social Security benefits: this CATA.COVID-19 benefit is not compatible with the receipt of other Social Security benefits that, in turn, are not compatible with the development of self-employed activity. If during the receipt of this CATA.COVID-19 benefit you also benefited from other Social Security benefits (temporary disability, birth and care of a minor - former maternity/paternity -, risk during pregnancy or breastfeeding, permanent disability, retirement started during the receipt of the benefit,...) the days in which both benefits coincided simultaneously, will be deducted and claimed from this CATA.COVID-19 benefit.

How to prove that there is no incompatibility with the status of retirement pensioner?   ( Click here for more information )

b) Incompatibility with work performed as an employee and/or unemployment:  this CATA.COVID-19 benefit is incompatible with performing work as an employee or with receiving the benefit for unemployment, as long as the net income from self-employment and the income from employed work exceed 2.2 times the minimum interprofessional wage or the income from employed work exceeds 1.25 times the amount of the minimum interprofessional wage.

If the previous limits were not exceeded, the receipt of the CATA.COVID-19 benefit would be compatible with the situation of multiple activities, although on the days in which this “compatibility” overlap occurs, the amount of the benefit will be 50% of the minimum contribution base that corresponds to the activity.

c) Differences in the regulatory base: due to the difficulties in accessing information in the first period of the pandemic, CATA.COVID-19 benefits could be recognized with a higher regulatory base than what would have actually corresponded. If this difference had been detected during the review, the benefit would have been recalculated in accordance with the correct regulatory basis and any differences that may exist would have been claimed.

d) Differences in the daily amount paid: exceptionally this may be due to having incorrectly applied the maximum and minimum limits established for this benefit (depending on the IPREM and the number of dependent children) or to the overlap with days of “compatible” multiactivity that have been paid in full instead of being paid in an amount equivalent to 50% of the minimum contribution base corresponding to the activity.

e) Differences in the days of benefits paid. If during the review it was detected that the benefit was paid for more days than would have been due, the benefit would be recalculated and the differences would be claimed. The differences in benefit payment days may be due to different situations, in addition to those stated in sections a) and b), such as:

• Having recognized the accrual of the benefit since 10/01/2020, in applications received after the deadline.
• Having paid the benefit after leaving the Special Regime.
• Having paid the benefit after reaching the ordinary retirement age, or having become a retirement pensioner or permanent disability.

How to prove that there is no incompatibility with the status of retirement pensioner?  ( Click here for more information )

When in the hearing process it is indicated that incidents have been detected on the start date of the benefit, it means that during the review of the CATA.COVID-19 benefit it has been determined that the payment of the benefit began on a date earlier than what should have corresponded (based on the information in the file).

The start date of this CATA.COVID-19 benefit depended on the date of submission of the application. Those applications submitted until 02/21/2021 (inclusive) accrued the benefit from 02/01/2021, the rest accrued the benefit from the day following their presentation.

You may justify access to the benefit from a date other than the one calculated by the Mutual Fund by providing any legally accepted documentation that proves the submission of your application on a date other than that assessed by the mutual insurance company.

When in the hearing process it is indicated that incidents have been detected on the end date of the benefit, it means that during the review of this CATA.COVID-19 benefit it has been determined that the payment of the benefit was finalized on a later date than it should have corresponded (based on the information in the file).

The main causes that may lead to differences in the end date of the benefit are the following:

• Having paid the benefit until after it caused withdrawal from the Special Regime.
• Having paid the benefit after reaching the ordinary retirement age, or having become a retirement pensioner or permanent disability.

How to prove that there is no incompatibility with the status of retirement pensioner?  ( Click here for more information )

You may justify access to the benefit until a date other than that calculated by the Mutual Fund in the review of this CATA.COVID-19 benefit, providing any documentation admitted by law that distorts the facts previously stated, such as example:

• Updated work life report, or TGSS certificate, stating that you did not leave the special Social Security regime in the period 02/01/2021 to 05/31/2021.
• Certificate from the INSS stating that you have not been recognized as a retirement pensioner or due to permanent disability in the period 02/01/2021 to 05/31/2021 (or, where applicable, proving that even though you are of ordinary age to access retirement, you do not have sufficient contributions).

If in the hearing process it has been indicated that possible overlaps in Social Security benefits have been detected, it is because the information provided to the Mutual Insurance Companies by the National Social Security Institute (INSS) has detected that they have been a beneficiary of some other Social Security benefit incompatible with self-employment.

Given that the Mutual Fund cannot autonomously verify this information, to refute it, it must provide, along with its allegations, a certificate issued by the INSS reporting the Social Security benefits that it may have received in the period 02/01/2021 to 05/31/2021, clearly indicating: type of benefit, start date and end date.

In the event that you have not been a beneficiary of any benefit, you must provide a certificate from the INSS that expressly indicates that you have not received any Social Security benefit in the period 02/01/2021 to 05/31/2021 (except, obviously, this CATA.COVID-19 benefit).

If you belong to the Special Regime of the Sea, in any case, a certificate from the Social Institute of the Navy will be necessary in which it is expressly indicated that you were not a beneficiary of the aid for fleet paralysis in the period 02/01/2021 to 05/31/2021 or, if you received them, the exact dates on which you received them (start and end of the aid).

If in the hearing process it has been indicated that possible incompatibilities, or partial compatibilities, have been detected with the performance of employed work or with the receipt of unemployment benefits, it is because in the information provided to the Mutuals by the General Treasury of Social Security (TGSS) and in the verifications that the Mutual has carried out autonomously, these overlaps have been detected in the period between on 02/01/2021 and 05/31/2021.

You should know that the extraordinary cessation of activity benefit that was paid may be partially compatible with employed work, provided that the following circumstances are met (section 10 of art. 7 of RD-law 2/2021):

• That the net income from self-employment added to income from work as an employee does not exceed 2.2 times the minimum interprofessional wage.
• That in no case should income from self-employment exceed 1.25 times the amount of the interprofessional minimum wage.

If these conditions were met, the days in which the receipt of the benefit overlaps with the performance of work as an employee, would be received at 50% of the minimum contribution base that corresponds to you based on your activity.

Otherwise, those days would be incompatible with the receipt of the benefit and will be declared as improperly paid.

Alternatives to respond to this section of the hearing procedure:

1. If you did not do any work as an employee: you must provide, along with your allegations, any documentation admitted by law that refutes the facts previously stated, such as:

• An updated certificate of working life issued by the TGSS.
• A certificate from the State Public Employment Service (SEPE) stating the unemployment benefits received in the last 4 years or which expressly indicates that you were not a recipient of unemployment benefits in the period between 02/01/2021 and 05/31/2021.

2. If you carried out work as an employee that exceeded the limits established so that they are considered partially compatible with the receipt of the benefit : you can let us know so that we can continue with the claim or not make allegations, in which case, after the deadline granted we will also proceed to recalculate your benefit by discounting the days of pluriactivity and to claim the differences.

3. If you performed any work as an employee, but you consider that you meet the conditions for it to be partially compatible with the receipt of the benefit: you must provide, along with your allegations, the tax and accounting information that allows you to prove that the previously indicated income limits are not exceeded in the period between 02/01/2021 and 05/31/2021.

You can justify this information by providing the following form:

Said form must be accompanied by the following documentation:

• To prove the salaries received for work performed on behalf of others: a certificate from each of the companies in which you have provided services in the period between February 1, 2021 and February 31 May 2021 (alternatively, you can present the payrolls corresponding to said periods).
• To prove the taxable net income from self-employment, you must provide, in all cases : the sales and income book corresponding to the period 02/01/2021 to 05/31/2021 and depending on your taxation modality, the following additional documentation:

1. Taxation by direct estimate:

General rule : you must only present the 303 forms corresponding to the 1st ^er and 2nd quarter of 2021.

Exceptions: (not required to present form 303 as a natural person).

• Administrator and/or partner: you must present form 303 of your company corresponding to the 1st ^er and 2nd quarter of 2021 and the documentation that proves your connection with it (partner's book or registered shares registered in the commercial registry, company deeds or any means of proof admitted by law). If you are an administrator of several companies, you must present this documentation for each of them.
• Any other person not obliged to present form 303:
  • Obligated to present form 130 : must present form 130 corresponding to the 2nd quarter of 2021.
  • Not obliged to present form 130: must present the form 036.

2. Taxation by objective estimate:

They must present form 131 corresponding to the 1st ^er and 2nd quarter of 2021.

Suggestion: To speed up the resolution of your file, those who have to present the sales and income book are recommended to provide it in the Excel format attached to the form (although they can present it in any other format or means of proof accepted by law).

When in the hearing process it is indicated that incidents have been detected on the end date of the benefit, it means that during the review of this CATA.COVID-19 benefit it has been determined that the payment of the benefit was made for an amount greater than that which would have corresponded.

In order to review your benefit again, you must provide, along with your allegations, the following documentation and information:

• Certificate of contribution bases issued by the General Security Treasury, which shows the 18 months prior to February 2021 (or the months in which you were registered in the special regime).
• Family book, to verify the number of dependent children.
• Economic Activities Tax for the year 2021, to verify the activity carried out.

Once the deadline granted in the hearing process has passed, the Mutual Fund will proceed to issue a final resolution evaluating the allegations and/or additional documentation that it may have received.

With the information in the file, it will issue one of the following definitive resolutions:

1. Resolution that elevates the provisional agreement to final: it will be issued when the allegations and/or documentation provided have allowed the detected incidents to be resolved favorably. In this case, access to the benefit and also the amounts paid will be declared correct.
2. Resolution that annuls the provisional agreement: if, despite the allegations and/or documentation provided, they do not allow clarification of the incidents that prevented recognition of access to the benefit and, therefore, to the amounts received. In these cases, a resolution will be issued that revokes the provisional agreement, declares the amounts paid as undue benefits and claims said amounts in their entirety.
3. Resolution that modifies the provisional agreement: will be issued when the allegations and/or documentation provided have made it possible to resolve the incidents that could prevent access to the benefit, but were not sufficient to determine that the total amount paid was correct. In these cases, a favorable resolution will be issued in relation to the right of access to the benefit, but it will declare that part of the benefits paid were improper, proceeding to claim the amounts paid in excess.

As informed at the end of the resolution that has been sent to you, if you are not satisfied with said resolution, you may file a prior claim through judicial channels.

The period to submit the prior claim is 30 business days (that is, excluding Saturdays, Sundays and holidays) counted from the date on which you received the resolution.

Given that this prior claim is mandatory for the initiation of subsequent judicial proceedings, we recommend that you present it by some means that reliably certifies its delivery.

Once the deadline granted in the hearing process has passed, the Mutual Fund has no obligation to analyze the allegations or documentation received. However, if your file has not yet been resolved, the Mutual Fund, in order to resolve it with as much information as possible, will analyze the documentation received (even after the deadline).

On the contrary, if the Mutual Fund receives your allegations and/or documentation once the resolution has been issued, if this is contrary to your interests, you must present a prior claim (in which you may incorporate the allegations and/or documentation that the mutual company could not assess when issuing the resolution).