Royal Decree-Law 5/2026, of 17 February, adopting urgent measures in response to the damage caused by various adverse weather phenomena, with particular impact on the autonomous communities of Andalusia and Extremadura

Published on: 07/11/2025

The BOE of 19 February published Royal Decree-Law 5/2026, of 17 February, adopting urgent measures in response to the damage caused by various adverse weather phenomena, with special impact on the autonomous communities of Andalusia and Extremadura. 

Its purpose is the adoption of urgent response and adaptation measures in the face of the damage caused by floods and other events that occurred in different municipalities of the autonomous communities of Andalusia and Extremadura.

Article 38 establishes the regulations for extraordinary access to the benefit for cessation of activity, which can be accessed by self-employed workers included in the following schemes:

  • Special Social Security Scheme for Self-Employed Workers
  • Special Regime for Seafarers
  • Special System for Self-Employed Agricultural Workers

Provided that the activity is located in municipalities that have been evacuated, cleared out, or declared affected according to art. 7.2 of Royal Decree-Law 5/2026 in accordance with the Resolution published in the BOE.

The determination of the local entities to which this measure may be applied was published on 21 March through Resolution of 21 March 2026 of the State Secretariat for Territorial Policy

Essential features:

  • The benefit for cessation of activity due to force majeure may be applied for in accordance with art. 331.1.b) TRLGSS, without the initial need to prove the force majeure.
  • The recognition of the benefit, which will be carried out by the MCSS or by the ISM on a provisional basis with economic effects from 4 February 2026,
  • The benefit may be extended until 31 May 2026 at the latest.
  • The period during which benefits for cessation of activity are received, which are directly caused by the events included in the scope of this Royal Decree-Law, will not be counted for the purpose of consuming the maximum periods of receipt established in article 338 (Duration of the benefit for cessation of activity) of the TRLGSS.
  • For the purposes of accessing the benefit for cessation of activity, the minimum contribution period requirement of twelve months within the twenty-four months immediately preceding the cessation of activity (art. 338 TRLGSS) shall be deemed to have been met for self-employed workers affected by the disasters, thereby waiving the requirement for a minimum waiting period.

Self-employed persons without prior mutual insurance (Art. 83.1.b TRLGSS)

For self-employed workers who, to date, have had coverage for occupational contingencies, temporary disability due to common contingencies and the cessation of activity benefit with the National Social Security Institute and the State Public Employment Service:

  • The submission of the application to Mutua Universal is considered an automatic exercise of the option of art. 83.1.b TRLGSS.
  • Application will automatically include:
    • Work-related injuries and occupational diseases
    • Temporary disability due to common contingencies
    • Cessation of activity
  • The coverage will take effect from the first day of the month in which the right to this extraordinary benefit arises.

Likewise, self-employed workers included in any Social Security scheme who were enjoying any bonus or reduction in Social Security contributions provided for in Law 20/2007, of 11 July, on the Statute of Self-Employed Work, and who, as a direct and immediate consequence of the events included in the scope of this Royal Decree-Law, are receiving the cessation of activity benefit with deregistration from the corresponding scheme, will not lose the right to access the bonuses or reductions in the contribution for the time that would have remained pending enjoyment, provided that they request registration immediately after the termination of the benefit.

In any case, proof of inability to carry out the activity will not be required, allowing for rapid recognition of the benefit, without prejudice to the managing body subsequently requiring the beneficiary to make said contribution, which may be done from 1 September 2026, as specified in Royal Decree-Law 5/2026.

Requesting the benefit

You can process the application by sending this form, duly completed and signed, and sending it to the email address of your province 

Royal Decree-Law 5/2026

Link