New criterion on right to extraordinary benefit of cessation of activity for self-employed workers affected by a temporary suspension of all the activity as a result of resolution of the statutory authority

Published on: 12/11/2020

Attending to that in different Autonomous Communities, when adopting measures of containment of the propagation of the virus COID-19, have agreed, later than the coming into force of the Actual one decree-law 30/2020, of 29 September, the partial suspension of the activity of hospitality industry and restaurant services allowing that they can carry out the service of home delivery food or collected in the establishment or in vehicle, remembers that:

  • FIRST.- Self-employed workers that they would have chosen the not performance of the service of home delivery or collected in the establishment or in vehicle from the moment when remembered by the autonomous community the adoption of the measures of containment, will be able to access, provided that they fulfill the requirements established in article 13 of the Actual one decree-law 30/2020, of 29 September to the extraordinary benefit that in him is contemplated, being enough for this that, in application of it considered in the article 69 of the Act 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations, fill and they subscribe before the Collaborative Mutual Society with the Social Security Institute declaration of Responsibility on this temporary suspension total of its activity on a self-employed basis, in which, also, promise to contribute before the Collaborating Body whatever documents that require him to him in due course to prove the confluence of the situation protected by this provision.

    Economic effects of the provision will take place from the next day to the adoption of the measure of adopted activity close by the statutory authority provided that the declaration of Responsibility is presented together with the application of the provision within the first fifteen next days to the coming into force of the agreement or activity close resolution. If the application is presented elapsed the first fifteen days the right to the provision will be initiated on the day of the presentation of the application and the declaration of Responsibility.

  • SECOND.- Self-employed workers that would have chosen the performance of this service, but that they would had decided later completely suspend its activity, provided that they fulfill the requirements established in article 13 of the Actual one decree-law 30/2020, of 29 September, will be able to access the extraordinary benefit that in him is contemplated, being enough for this that, in application of it considered in the article 69 of the Act 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations, fill and they subscribe before the Collaborative Mutual Society with the Social Security Institute declaration of Responsibility on this temporary suspension total of its activity on a self-employed basis, in which, also, promise to contribute before the Collaborating Body whatever documents that require him to him in due course to prove the confluence of the situation protected by this provision.

    Economic effects in this supposition will take place from the next day to the adoption of the measure of adopted activity close by the statutory authority provided that the statement is presented within the first fifteen next days to the coming into force of the agreement or activity close resolution. If the application is presented elapsed the first fifteen days the right to the provision will be initiated on the day of the presentation of the application and the declaration of Responsibility or from the date in which remembers the total cessation of the activity if it is subsequent to the application.

  • THIRD PARTY.- In those suppositions in which the right has been refused to the extraordinary benefit to a self-employed worker that it has chosen the total cessation of the activity in an autonomous community where the suspension of the activity does not reach at the service of home delivery or collected in the establishment or in vehicle, the collaborative Mutual Society with the Social Security Institute will be able to leave without the above-mentioned effect agreement, provided that is contributed by the self-employed worker applicant the reviewed declaration of Responsibility and are fulfilled all the requirements considered in the article 13 of the Actual one decree-law 30/2020, of 29 September, to access the right.

    economic effects in this supposition will take place in the terms considered in the section first. If the refusal of the provision comes determined by opted credit initially for carrying out the service of home delivery or collected in the establishment or in vehicle and subsequently the self-employed worker decides completely suspend its activity on a self-employed basis, the collaborative Mutual Society with the Social Security Institute will be able to leave without the above-mentioned effect agreement, provided that is contributed by the self-employed worker applicant the reviewed declaration of Responsibility and are fulfilled all the requirements considered in the article 13 of the Actual one decree-law 30/2020, of 29 September, to access the right. In such cases economic effects will be the ones considered in the section second.