Mortgage moratorium circular, electric social bond and pension plans in case of unemployment or cessation of activity

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According to Royal Decree Law 11/2020 March 31, which adopts urgent complementary measures in the social and economic field to deal with COVID-19, the following aspects are available that we highlight:

MORTGAGE DEPOSIT

It affects the mortgage loans and credits of debtors in a situation of economic vulnerability, intended for the acquisition:

a) Of habitual residence.
b) Of buildings subject to economic activity carried out by businessmen and professionals.
c) Of dwellings other than the usual one in a rental situation, when the natural person owner has stopped receiving the rental income since the state of alarm came into effect.

The postponement is three months, which can be extended by means of a Council of Ministers Agreement.

Suspended fees should not be settled once the suspension is over, but all future payments must be postponed for the duration of the suspension.

ELECTRICAL SOCIAL BONUS

Article 28 has regulated the right to receive the social bonus by self-employed workers who, after the state of alarm comes into effect (March 14), are entitled to the benefit for the total cessation of professional activity or have had a 75% reduction in turnover compared to the previous semester as a consequence of COVID-19 and are holders of an electricity supply point in their habitual residence, with a contracted power equal to or less than 10 kW.

Self-employed workers who acquire the status of vulnerable consumer will receive a 25% discount on the electricity bill for a maximum of 6 months, provided that the conditions set out in Royal Decree-Law 11/2020 are met. To acquire the status of vulnerable consumer, it will be necessary:

- That the income of the owner of the supply point or, if part of a family unit, the annual joint income of the family unit to which it belongs, is equal to or less than:

- 2.5 times the IPREM (€ 18,799) in cases where there are no minors in the family unit.

- 3 times the IPREM index (€ 22,558.77) in the event that there is a minor in the family unit;

- 3.5 times the IPREM index (€ 26,318.57), in the event that there are two minors in the family unit.

- Prove that with a date after March 14, 2020 (date of entry into force of the state of alarm) the owner of the supply point, or one of the members of his family unit, professionals on their own account or self-employed, have the right to the benefit for total cessation of professional activity or for having seen its turnover in the month prior to which the social bonus is requested, reduced by at least 75 percent in relation to the average turnover of the previous semester.

For these purposes, the family unit is considered to be the one made up of non-legally separated spouses and, if any:

- Minor children, with the exception of those who, with the consent of the parents, live independently of them.

- Legally incapacitated children of legal age subject to extended or rehabilitated parental authority.

In cases of legal separation, or when there is no marriage bond, the one formed by the father or mother and all the children who live with one or the other and who meet the previous requirements.

To prove the vulnerable consumer status defined in the previous sections and request the receipt of the social bonus, the consumer will send to a reference marketer, through the email address that appears on their website, the application model defined in Order TED / 320/2020, of April 3 (published in the Official State Gazette of April 4 and in force from that same day), along with the following supporting documentation:

  • Freelance Social Bond documentation request:
  • Copy of the NIF or NIE of the holder of the electrical contract
  • Family units: photocopy of the NIF or NIE of all the members who have the obligation to have this identification document
  • Family units: family book
  • Certificate of registration, both of the holder of the contract and of the other members that make up the family unit
  • Certificate that certifies the cessation of professional activity or the reduction of 75% of turnover
  • The certificate of cessation of activity will be carried out by means of a certificate issued by the State Agency for Tax Administration or the competent body of the Autonomous Community, where appropriate, based on the declaration of cessation of activity declared by the interested party.
  • When the contract for the supply of the professional or self-employed person's habitual residence is in the name of the legal person, the social bond must be requested for the natural person, which will imply a change of ownership of the supply contract.

The social bonus will accrue from the first day of the billing cycle in which the receipt of the complete application takes place with the supporting documentation that, where appropriate, is necessary.

When will the consideration of vulnerable consumer be terminated? When the aforementioned circumstances cease to exist, the consumer is obliged to communicate this fact to his electricity supplier, although in no case will it extend more than 6 months from its accrual, without prejudice to the possibility of availing himself of said condition at any previous time or after that date under the other assumptions provided in Royal Decree 897/2017, of October 6. regulating the figure of the vulnerable consumer, the social bonus and other protection measures for domestic consumers of electrical energy.

PENSION PLANS IN CASE OF UNEMPLOYMENT OR CESSATION OF ACTIVITY

With the entry into force of RD-law 117/2020, the possibility of rescue is extended during the period of six months from the entry into force of the state of alarm, in three new cases, and in addition, the rescue of all of the consolidated rights but only a part.

Assumptions:

a) Being in a legal situation of unemployment as a consequence of a temporary employment regulation file (ERTE) derived from the health crisis situation caused by COVID-19.

b) Being a business owner of establishments whose opening to the public has been suspended as a consequence of the provisions of article 10 of Royal Decree 463/2020, of March 14.

c) In the case of self-employed workers who had previously been integrated into a Social Security system as such and who have ceased their activity as a consequence of the health crisis situation caused by COVID-19. The amount of the consolidated rights available may not exceed:

a) The wages not received while the validity of the temporary employment regulation file is maintained for the event provided in section a).
b) The estimated net income that has not been received while the suspension of opening to the public is maintained for the event set forth in section b).
c) The estimated net income that has not been received while the health crisis situation caused by COVID-19 continues for the assumption set forth in section c).

The amounts established in the preceding paragraphs must be credited by the participants of the pension plans that request the disposition of their consolidated rights.