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Extraordinary benefit for cessation of activity for the self-employed workers affected by a temporary suspension of all the activity as a result of the damages brought about by volcanic eruptions.
Extraordinary benefit for cessation of activity for the self-employed workers affected by a temporary suspension of all the activity as a result of the damages brought about by volcanic eruptions.
1. Self-employed workers that obliged to suspend are seen all its activities as a result of the damages brought about by volcanic eruptions, will have right to a financial assistance for cessation of activity of extraordinary nature, in the terms that are established in this section, provided that they meet following requirements:
a) Be affiliated and in registration in the Special Regime of the Social Security Institute of the Freelance workers or Self-employed workers or, where applicable, in the Special Regime of the Social Security Institute of the sea workers, on 19 September 2021.
b) To find up to date in the payment from the fees to the Social Security Institute. However, if on the date of the suspension of the activity this requirement is not met, the management body will invite the self-employed worker 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.
2. The amount of the benefit will be equivalent to 70% of the minimum contribution base for the corresponding business activity carried out.
3. The right to the provision will be born from the next day to the adoption of the measure of suspension of the activity and it will finish the last day of the month in which the activity is restarted or until 28 of February 2022 if this date was previous.
4. During the time the suspended activity remains, registration in the corresponding special regime will be maintained, and the obligation by the worker to pay contributions will be waived. The exoneration of the fees' deposit will be spread from day one of the month in which the measure of activity close is adopted until the last day of the month in which the activity is restarted, or until 28 of February 2022 if this last date was previous. The period in which the self-employed worker is exempt from the obligation to pay contributions will be understood as time contributed and the contributions corresponding to this time will be paid 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 that established at the time of the start of this benefit.
The maximum term and other conditions for the application of deductions in contributions to which the worker receiving this extraordinary benefit may be entitled to due to cessation of the activity, will not be modified due to the receipt of the latter.
5. The receipt of the benefit will be incompatible with the receipt of remuneration for the performance of an employee's work, unless the income from this employment is lower than 1.25 times the amount of the minimum inter-professional salary, with the performance of another activity on their own account, with the receipt of income from the company whose activity has been affected by the closure, as well as the receipt of a Social Security benefit, except for that which the beneficiary has been receiving on account of being compatible with the performance of the activity they carried out.
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.
6. The hard-working members of cooperatives of associated work that they have chosen its framing such as freelance workers in the special scheme that it corresponds will have right also to this extraordinary benefit, provided that gather the requirements established in this section.
7. The management of this benefit will correspond to mutual societies collaborating with the Social Security Institute or the Social Marine Institute.
8. The period in which the benefit is received shall not reduce the period to which the beneficiary may have the right to receive subsequent benefits for cessation of activity.
9. The application of the provision owe present within the first veintiún calendar days next on the coming into force of this standard if the suspension has been produced before the same one. In another case, the term of veintiún days will begin to tell from the suspension of the activity.
If the application is submitted outside the established period, the right to benefit will begin on the first day of the month following the request.
In these cases, the self-employed worker will be exempt from the obligation to pay contributions from the day on which he or she is entitled to receive the benefit.
The entities responsible for managing this benefit, in accordance with the application submitted and the documents provided, will issue the pertinent provisional resolution, either accepting or rejecting the right. Completed the close of activity will be proceeded to revise all adopted provisional resolutions. If it is assumed 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 undue receipt of the benefit must be paid, with the procedure for the tax management of the Social Security system being applied in all its terms.
10. In order to be able to permit to procedure the application, the interested party owe contribute document issued by the competent public administration that highlights the suspension of the activity, a sworn statement of incomes that are received, where applicable, as a result of the work as an employee, as well as an authorisation to the Administration of the Social Security Institute and to the collaborative mutual societies responsible for the management of the provision to obtain of the corresponding tax administration tax details necessary to the review of the leave from work from access to the provision. All of this without prejudice to the obligation that the recipient of the benefit is required to submit a company certificate and the income tax return to the entity that manages the benefit.
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