Article 13. 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 and for those self-employed workers who cannot cause the right to the ordinary provision of cessation of activity provided for in the fourth additional provision of this royal decree-law or to the provision of cessation of activity regulated in articles 327 and following of the General Law of Social Security, approved by Royal Legislative Decree 8/2015, of October 30.
1. As of October 1, 2020, self-employed workers who are forced to suspend all their activities as a result of a resolution adopted by the competent authority as a containment measure in the spread of the COVID-19 virus, will have the right to a economic benefit of cessation of activity of an extraordinary nature in the terms and requirements established below.
a) The following are requirements to be entitled to this benefit:
1.º Be affiliated and registered in the Special Regime of Social Security for Self-Employed or Self-Employed Workers.
2. Be 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 so that, within the non-extendable period of thirty calendar days, he enters the due fees. The regularization of the overdraft will produce full effects for the acquisition of the right to protection.
b) 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 of 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.
c) The right to the benefit will be born from the day following the adoption of the activity closure measure adopted by the competent authority and will end on the last day of the month in which the lifting of the same is agreed.
d) During the time that the activity remains suspended, registration in the corresponding special regime will be maintained, leaving the self-employed worker exempted from the obligation to contribute. The exemption from the income of the fees will be extended from the first day of the month in which the activity closure measure is adopted until the last day of the month following that in which said measure is lifted. 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.
e) The receipt of the benefit will be incompatible with the receipt of a remuneration for the development of an employee's work, unless the income from employed work is less than 1.25 times the amount of the minimum interprofessional salary; with the performance of another activity on their own; with the receipt of income from the company whose activity has been affected by the closure; as well as with the receipt of a Social Security benefit, except for the one that the beneficiary received as being compatible with the performance of the activity that he / she developed.
g) The management of this benefit will correspond to the mutual collaborators with Social Security or the Social Institute of the Navy.
h) The time of receipt of the benefit will not reduce the periods of benefits due to cessation of activity to which the beneficiary may be entitled in the future.
i) The recognition of the provision regulated in this article must be requested within the first fifteen 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.
The entities in charge of managing this provision, in accordance with the application submitted and the documents provided, where appropriate, will issue the appropriate provisional resolution, estimating or rejecting the right. 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.
j) In the request for the benefit, the interested party must notify the mutual or the entity managing the benefit of the members that make up the family unit and if any of them is or may be the recipient of the cessation of activity benefit or if you have some other type of income.
Together with the application, a sworn statement of the income received, where appropriate, as a result of the work for others will be provided, without prejudice to the obligation of the recipient of the benefit to present a company certificate and the declaration of the income to the entity managing the benefit when so required.