ROYAL DECREE-LAW 11/2021, OF MAY 27, ON URGENT MEASURES FOR THE DEFENSE OF EMPLOYMENT, ECONOMIC REACTIVATION AND THE PROTECTION OF SELF-EMPLOYED WORKERS
MEASURES FOR THE PROTECTION OF SELF-EMPLOYED WORKERS
Article 6. Extraordinary benefit for 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 June 1, 2021, the self-employed who are seen 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, or maintain for the same reasons the suspension of their activity started prior to the indicated date, they will be entitled to an economic benefit for cessation of activity of an extraordinary nature, in the terms established in this precept, provided that the following meet requirements:
a) Be affiliated 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 Seaworkers, at least thirty calendar days before the date of the resolution that agrees the suspension of the activity and, in any case, before the date of commencement of the same when it had been decreed prior to June 1, 2021.
b) Being up-to-date in 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.
2. The amount of the benefit will be 70 % of the minimum contribution base that corresponds to the activity carried out.
However, when people united by family ties or analogous coexistence unit live together in the same domicile up to the first degree of kinship by consanguinity or affinity, and two or more members are entitled to this extraordinary benefit for cessation of activity, the amount of each one of the benefits will be 40 %.
3. The right to the benefit will arise from the day following the adoption of the activity closure measure adopted by the competent authority, or from June 1, 2021 when the activity suspension initiated prior to this date is maintained.
4. For as long as it remains the suspended activity will be maintained in the corresponding special regime leaving the self-employed worker exonerated 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, or from June 1, 2021 when the suspension of activity initiated prior to this date is maintained, until the last day of the month following the lifting of said measure, or until September 30, 2021 if this last date is earlier.
5. 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 the employee's work is less than 1.25 times the amount of the minimum interprofessional salary.
8. The receipt of this new 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 is agreed or on September 30, 2021, if this last date is earlier.
The time of receipt of the benefit will not reduce the periods of benefit for cessation of activity to which the beneficiary may be entitled in the future.
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, or before June 21 when the suspension of activity had been agreed prior to June 1, 2021.
In the event that the application is submitted outside the established period, the right to the benefit will begin on the first day of the month following the application. In these cases, the self-employed worker will be exempt from the obligation to contribute from the day that he has the right to receive the benefit.
In order to accept the application for processing, the interested party 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 collect from the corresponding tax administration the necessary tax data for the review of the requirements for access to the benefit.