New Article
Article 12. Extraordinary cessation of activity benefit for seasonal self-employed workers.
The term for applying for this benefit has expired. The online form will only be used to make amendments.
1. For the purposes of this provision, seasonal workers are considered self-employed workers whose only work during the years 2018 and 2019 has been carried out in the Special Regime for Self-employed Workers or in the Special Regime for Sea Workers for a minimum of four months and a maximum of seven months in each of the aforementioned years. Self-employed workers will be considered to have worked in a single job in 2018 and 2019, provided that, if they have been registered in a social security scheme as an employee, such leave does not exceed one hundred and twenty days during those years.
2. They will be requirements to cause right to the provision:
a) To have been registered and paid contributions under the Special Scheme for Self-employed Workers or the Special Scheme for Sea Workers as self-employed for a minimum of four months and a maximum of seven months in each of the years 2018 and 2019, provided that the time frame covers a minimum of two months between the months of October and December of those years.
b) To not have been registered or otherwise enrolled on the corresponding Social Security regime as an employee for more than 60 days during the third and fourth quarters of 2021.
c) To not have obtained during the third and fourth quarters of 2021, net computable income of over €6,725.
d) To find up to date in the payment from the fees to the Social Security Institute. However, if this requirement is not met, the management body will invite you to pay the amount due within a non-extendable period of thirty calendar days. The regularisation of the due amounts will generate full effect as regards acquiring the right to the protection.
3. The amount of benefit regulated by this Article shall be equivalent to 70% of the minimum contribution rate corresponding to the activity carried out in the Special Social Security Scheme for Self-employed Workers or, as the case may be, in the Special Regime for Social Security for Sea Workers.
4. The extraordinary benefit for cessation of activity regulated in this Article may begin to accrue with effect from 1 October 2021 and will last for a maximum of five months, provided that the application is submitted within the first 21 calendar days of October. Otherwise, the benefit will enter effect on the first day of the month after the application is filed, and its duration shall not last beyond 28 February 2022.
5. While the benefit is being received, there will be no obligation to make social security contributions and you will remain registered or otherwise enrolled on the corresponding Social Security regime.
6. Non-mandatory contributions will be paid by the entities from whose budgets the corresponding benefit is covered.
7. This benefit shall be incompatible with employed work or if any Social Security benefit has been received, unless the benefit at issue is compatible with the performance of a business activity as a self-employed worker. It will also be incompatible with self-employment and with the receipt of income from the company whose activity has been affected by the cessation, when the income received in the third and fourth quarters of 2021 exceeds €6,725. Self-employed workers included in the Special Regime for Sea Workers will likewise not be entitled to receive the benefit for cessation of activity if they are also receiving financial assistance for the suspension of the fleet's activities.
8. The employee members of the associated work cooperatives who have chosen to be self-employed under the corresponding special scheme will also be entitled, in the same conditions, to this extraordinary benefit, provided that they meet the requirements established in this Article.
9. The management of this benefit will correspond to mutual societies collaborating with the Social Security Institute or the Social Marine Institute. In order to allow the application to be processed, the Social Security Administration and the mutual societies responsible for managing the benefit will be authorised to collect from the corresponding tax administration the tax data necessary for the review of the requirements for access to the benefit.
10. The recognition of the benefit regulated in this Article may be requested at any time during the period between the entry into force of the regulation and January 2022. Effects of the application are the certain ones in the section 4. The managing entities, in accordance with the presented application and documents where applicable contributed, will dictate the provisional resolution that it is coming from, estimating or rejecting the right.
11. From 1 May 2022, all provisional resolutions adopted will be reviewed.
12. Self-employed seasonal workers who have requested the payment of the benefit regulated in this article may:
a) To waive it at any time before 31 January 2022, with the waiver taking effect the month following its communication.
b) Return the benefit for cessation of activity by own initiative, without the need to wait for the mutual society collaborating with the Security Social or the management company, when it considers that income perceived during the financial year of the activity during this period will exceed the thresholds established in section 2. c) with the corresponding loss of the right to benefit.
Online form for amendments