Royal Decree-Law 30/2020 on social measures in defence of employment (BOE 30-09-2020) establishes measures to support self-employed workers, in the field of Social Security, in Articles 13, 14 and fourth DA.
Extension of the cessation of business benefit caused under Article 9 of Royal Decree-Law 24/2020 compatible with self-employment and extension right to benefit to self-employed workers who qualify for access in the fourth quarter of 2020, until 31 January 2021
Self-employed workers who came sensing as of September 30, 2020, the cessation of activity provided for in Article 9 of Royal Decree-Law 24/2020 they will be able to continue to receive it until January 31, 2021, provided that during the fourth quarter of 2020 maintain the requirements that were established for grant.
In addition, self-employed workers who had notreceived this benefit during the third quarter of 2020 may apply for “ordinary” cessation of business benefit (provided for in Article 327 of the Consolidated Text of the General Law on Social Security, provided that the requirements set out in the paragraphs (a), b), d) and (e) Article 330.1 of the rule and would have received until 30 Junethe extraordinary cessation of business benefit under Article 17 of DR-Law 8/2020.
Access to this extension of the benefit or, where appropriate, to the benefit will require proof of a reduction in turnover during the fourth quarter of 2020 of at least the
compared to the same period in 2019, as well as not having obtained during the indicated quarter of 2020 some net incomes over 5,818.75 euros.
This benefit may be received no more until 31 January 2021,provided that the worker is entitled to it under Article 338 TRLGSS (duration of benefit)
They will also receive this benefit until 31 January 2021 those self-employed workers who by 31 October came receiving the cessation of activity benefit recognized under Article 9 of Royal Decree-Law 24/2020, and see your right to a cessation under that provision exhausted 31 December 2020,provided that they meet the requirements for this purpose.
Recognition of the benefit will be carried out by mutual collaborators or the ISM on an interim basis 1 October 2020 if requested before October 15, or effective from the day following the request in another case, to be regularized from 1 March 2021.
Thecessation of business may be compatible with employmentwhere certain income is not exceeded, with a reduced amount of 50%.
Extraordinary new cessation of activity benefit for self-employed workers due to a temporary suspension of all activity as a result of a resolution by the competent authority as a measure to contain the spread of the COVID-19 virus
As of October 1, 2020, self-employed workers who are seen forced to suspend all of their activities as a result of a decision adopted by the competent authority as a containment measure in the spread of the COVID-19 virus, they shall be entitled to an economic cessation of activity of an extraordinary nature under the terms and requirements set out in Article 13.1 of DR-Law 30/2020.
In order to make a right to this benefit you need to be affiliated and discharged in the RETA or, where appropriate, in the REMAR, at least 30 calendar days before the date of the resolution agreeing to the cessation of activity, and are aware of the payment of fees.. .
The amount of the benefit shall be 50 % of the corresponding minimum contribution base for the activity carried out. This amount will be increased by 20% in certain large family cases.
For as long as the activity remains suspended, the self-employed will stay high and stay exempted from the obligation to quote, from the first day of the month in which the measure of closing of activity is taken until the last day of the month following the lifting of that measure.
The management of this benefit will correspond to mutual collaborators with Social Security or the Social Institute of the Navy.
Dmust be requested within the first fortnight following the entry into force of the agreement or decision to close the activity. In the event that the application is submitted outside the prescribed period, the right to benefit shall comment on the day of the application.
The right to benefit shall end on the last day of the month in which the lifting of the measure is agreed
This new feature is incompatible, with the perception of remuneration for the development of a employment, unless the income from employment is less than 1.25 times the amount of the SMl; with the performance of other self-employment activity,suchas the perception of income from the company whose activity has been affected by the closure, with the perception of a Social Security benefit except for the benefit that the beneficiary had been receiving because it was compatible with the performance of the activity it carried out. For self-employed workers included in the REMAR, it will also be incompatible with fleet stopming aid.
Extraordinary new feature for those workers self-employed people who don’t may cause the right to the ordinary cessation of business provided for in the FOURTH DA of DR-Law 30/2020 or to the provision of cessation of “ordinary” activity under Article 327 trLGSS (RD Leg 8/2015) because it does not meet the requirements of deprivation.
From 1 October 2020, self-employed workers who meet the established requirements may have access to an economic cessation of activity of an extraordinary nature under Article 13.2 of RD-Law 30/2020.
In order to make a right to this benefit you need to be discharged and current in the payment of quotes in the RETA or in the REMAR as a self-employed since before April 1, 2020, not entitled to the provision of cessation of business regulated in the fourth DA of DR-Law 30/2020 or to the provision of cessation of “ordinary” activity regulated in Articles 327 and following trLGSS (Legislative RD 8/2015), because it does not meet the deficiencies requirements required by the standard, have no income from self-employment in the last quarter of the 2020 financial year higher than the SMI (950 euros per month). Suffering, in the fourth quarter of 2020, a reduction in the income of self-employment activity at least 50% of revenue in the first quarter of 2020.
The amount of the benefit shall be 50 % of the corresponding minimum contribution base for the activity carried out.
The extraordinary cessation of business benefit may begin accruing with effect from 1 October 2020 in the Requests presented during the p’s15 calendar days of October, and youwill have a maximum duration of 4 months. Otherwise,the effects are fixed on the first day of the month following that of the filing of the application and may not exceed 31 January 2021.
This benefit is incompatible in the same cases as the new cessation of activity benefit for self-employed workers by a temporary suspension of all activity.
During the remaining period of the suspended activity, the corresponding special scheme shall be kept in the special scheme and the self-employed person is exempted from the obligation to quote.
Extraordinary cessation of activity for seasonal workers
Recognition of the benefit may be requested between 30 September 2020 and January 2021.
The benefit may begin to accrue with effect from 1 October 2020 and shall last a maximum duration of 4 months,provided that the application is submitted within the first 15 calendar days of October. Otherwise, the effects are fixed the day after the application is filed.
The amount of the benefit shall be the equivalent of 70 % of the minimum contribution base corresponding to the activity carried out in the RETA or, where appropriate, in the REMAR.
Seasonal workers are those self-employed workers with a single job over the past two years who would have developed in the RETA or REMAR during themonths of June to December.
The self-employed person shall be deemed to have carried out a single job during the June to December 2018 and 2019 provided that, having been en altan in a social security scheme as a worker on behalf ofan employee, this high don’t exceed 120 days over those two years.
The following shall be requirements to cause the right to the benefit:
a) Have been discharged and listed in the RETA or REMAR as a self-employed person for at least 4 months in the period from June to December of each of the years 2018 and 2019.
(b) Not having been discharged or assimilated to discharge as an employed person under the corresponding Social Security scheme for more than 120 days during the period from 1 June 2018 to 31 July 2020.
c) Not having carried out activity or been discharged or assimilated to discharge from 1 March to 31 May 2020.
d) Not having received any benefit from the Social Security system during the months of January to June 2020, unless it was compatible with the exercise of an activity as a self-employed person.
(e) Not having earned income in 2020 in the past 23,275 euros.
f) Be aware of the payment of social security fees. Payment invitation mechanism.
During the collection of the benefit there will be no obligation to quote,with the worker remaining in a situation of discharge or assimilated to discharge.
This benefit will be incompatible with the employment and any Social Security benefits that the beneficiary had received unless it was compatible with the performance of the activity as a self-employed worker. It will also be incompatible with the self-employment and the collection of income from the company whose activity has been affected by the closure, when the revenue received during 2020 exceed 23,275 euros. For self-employed people included in the row, will also be incompatible with the perception of fleet stop-by-air aid.