July 10, 2020

The self-employed may combine the collection of extraordinary ‘unemployment’ for cessation of activity with other benefits

The Government has modified some aspects of the benefit for cessation of activity (a kind of ‘unemployment’ for the self-employed) created for the coronavirus crisis. The most relevant modification is the possibility of making the collection of this ‘unemployment’ compatible with other Social Security benefits, as the Europa Press agency has advanced, since this option has been excluded until now.

The Executive has included the adjustments in the regulation of this benefit in the decreefor young immigrants and unemployed people to work in the fields during the crisis, published this Wednesday in the Official State Gazette (BOE).

The new wording of the text establishes that “this benefit will be compatible with any other Social Security benefit that the beneficiary has been receiving and is compatible with the performance of the activity that was carried out”.

However, it specifies that “with regard to self-employed workers included in the Special Scheme for Sea Workers, the benefit for cessation of activity will be incompatible with the receipt of aid for the paralysis of the fleet.”

Sources from the Ministry of Inclusion, Social Security and Migrations point out that the Government “has responded to the requests of the self-employed associations”, who had claimed this compatibility. From the Ministry explain that these benefits compatible with the work of self-employed are fundamentally two, widowhood and orphanhood. The incompatibility decreed so far involved leaving out of benefits self-employed workers with very low widow’s pensions, of 200 euros, for example. “The observations they made in this regard made sense and we have corrected them,” explain official sources.

From the self-employed organization ATA, its president has celebrated this modification. Lorenzo Amor has also highlighted that it is reflected in the BOE that it is not necessary to process the withdrawal in the Social Security regime to be entitled to this benefit.

There is no obligation to contribute with this ‘unemployment’

The changes of this Wednesday embodied in the BOE also incorporate some more detail about this aid, which had been explained by Minister José Luis Escrivá, but which was not reflected in the legal text.

The minister had explained that the beneficiaries of this benefit would not have to pay social security contributions to Social Security and that, in case the March payment had already been passed before recognizing the aid, the amount of the mid-month will be returned (from the declaration of the alarm status).

So far, in article 17 of the royal decree-law and 8/2020, “of extraordinary urgent measures to face the economic and social impact of COVID-19” (where this benefit is regulated), the following was established: “The time of its receipt will be understood as listed and will not reduce the benefit periods for cessation of activity to which the beneficiary may be entitled in the future “.

As of this Wednesday, the regulation specifies that there is no “obligation” to contribute in this way: “The time it is received will be understood as a contribution, there will be no obligation to contribute and it will not reduce the periods of benefit for cessation of activity to which the beneficiary may be entitled in the future. “

It is not the first time that this article has been retouched in the BOE. In the royal decree-law of last April 1, which approved the possibilities of a moratorium on the payment of quotas for the self-employed (among other measures), some relevant changes were included, such as an important limit in requests for this aid: “It may be requested until the last day of the month following the end of the alarm state.”

It was also detailed how the self-employed should prove the reduction of 75% of their turnover, among other issues, that can be consulted here.


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