ROYAL DECREE-LAW 2/2021, OF JANUARY 26, ON THE REINFORCEMENT AND CONSOLIDATION OF SOCIAL MEASURES IN DEFENSE OF EMPLOYMENT
TITLE II
Support measures for self-employed workers
Article 5. Extraordinary provision of cessation of activity for self-employed workers affected by a temporary suspension of all activity as a result of a resolution of the competent authority as a measure to contain the spread of the COVID-19 virus.
1. As of February 1, 2021, self-employed workers who are forced to suspend all your activities as a result of a resolution adopted by the competent authority as a containment measure in the spread of the COVID-19 virus, provided that the following requirements are met:
a) Be affiliated with and registered in the Special Regime of Social Security for Self-Employed or Self-Employed Workers or, where appropriate, in the Special Regime of Social Security for Seafarers, before January 1, 2021.
b) Being up to date with the payment of Social Security contributions. However, if this requirement is not met on the date of suspension of the activity, the managing body will invite the self-employed worker to pay for the non-extendable period of thirty calendar days enter the fees due. The regularization of the overdraft will produce full effects for the acquisition of the right to protection.
2. The amount of the benefit will be 50 percent of the minimum contribution base that corresponds to the activity carried out.
This amount will be increased by 20 percent if the self-employed worker is recognized as a member of a large family and the only income from the family or similar unit during that period comes from his or her suspended activity.
However, when people united by family ties or analogous cohabitation unit live together in the same address up to the first degree of kinship by consanguinity or affinity, and two or more members are entitled to this extraordinary benefit of cessation of activity, the amount of each one of the benefits will be 40 percent, the provision set forth in the previous section for large families not being applicable.
3. The right to the benefit will be born from day after the adoption of the activity closure measure adopted by the competent authority.
4. During the time that the suspended activity remains, the registration will be maintained in the corresponding special regime leaving the self-employed worker exonerated of the obligation to quote. The exoneration of the income of the quotas will extend from the first day of the month in which the activity closure measure is adopted until the last day of the month following the lifting of said measure or until May 31, 2021, if this last date is earlier
The period during which the self-employed worker is exempt from the obligation to contribute will be understood as a contribution and the corresponding contributions will be assumed by the entities from whose budgets the corresponding benefit is covered.
The contribution base applicable throughout the period of receipt of this extraordinary benefit will in any case be that established at the time of commencement of said benefit.
5. The receipt of the benefit will be incompatible with the receipt of a remuneration for the development of an employee's work, except that the income from the employee's work is less than 1.25 times the amount of the minimum interprofessional salary; with the performance of another activity on their own.
7. The management of this benefit will correspond to the mutual collaborators with Social Security or the Social Institute of the Navy.
8. The perception of the benefit will have a maximum duration of four months, ending the right to it on the last day of the month in which the lifting of the measures or the May 31, 2021 if this last date is earlier.
9. The recognition of the provision regulated in this article must be requested within the first twenty-one calendar days following the entry into force of the agreement or resolution of closure of activity.
In the event that the request is submitted outside the established period, the right to the benefit will begin on the day of the request. However, the worker will be exempt from the obligation to contribute from the first day of the month in which the government authority has determined the prohibition of the activity, although in that case the period prior to the application date will not be understood as listed. The entities that cover the respective benefits are not assuming the price.
Once the activity closure measure has been completed, all the provisional resolutions adopted will be reviewed. In the event that it is inferred that the interested party does not have the right to the benefit, the procedures for claiming the amounts unduly received will be initiated, and in these cases, the contributions corresponding to the entire period of improper perception of the benefit must also be entered, applying the collection management procedure of the Social Security system in all its terms.
To be able to admit the application for processing, you must provide a sworn statement of the income received, where appropriate, as a result of the work for others, as well as an authorization to the Social Security Administration and the mutual collaborators in charge of the management of the benefit to obtain from the Ministry of Finance the tax data necessary for the review of the access requirements to the benefit.