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Labor, 08/03/17

I am currently receiving temporary disability benefits and I want to stop working. Will I continue to receive the benefits?


Causes of termination of direct payment of temporary disability benefits in the Special Scheme for Self-Employed Workers.

When a self-employed worker, registered under the Special Scheme for Self-Employed Workers , goes on sick leave due to a common illness or non-work-related accident, they must submit a direct payment request to receive Temporary Disability benefits. The agency responsible for this payment is the National Social Security Institute (INSS) or the mutual insurance company they selected when they initially registered as self-employed.

The benefit is paid from the fourth day inclusive of the sick leave (article 10.a of Royal Decree 1273/2003, of October 10 -BOE nº 253-) and the amount of the economic benefit will be 60% of its regulatory base from the 4th to the 20th day of the leave, and 75% of the same from the 21st day onwards (article 11.a of Royal Decree 1273/2003, of October 10 -BOE nº 253-).

While a self-employed worker is on temporary disability , they may wonder whether they need to continue paying their self-employment contributions or if they can temporarily or permanently cease their activity and continue receiving these benefits. Although the National Social Security Institute (INSS) or the mutual insurance company will continue paying them for the duration of the sick leave, they must consider other aspects that could affect them in the future. Let's see what we mean:

1- You will stop contributing to Social Security, which, depending on your age, could negatively impact the calculation of your future pension. Periods of inactivity will leave gaps in your contribution record, as the self-employed scheme does not allow for such gaps. If you are approaching retirement age, we recommend entering into a special agreement with Social Security to avoid losing contributions.

2- If you stop contributing and the temporary disability process ends, and then you become ill again with a new process, you will not be able to request direct payment again because you will no longer be entitled to it.

Therefore, it is clearly advisable to continue paying contributions and only in specific cases consider the possibility of temporarily ceasing activity permanently, taking into account the possible repercussions.

If you find yourself in this situation or have considered closing your business while on medical leave, request a visit with one of our professionals to obtain more information and assess your specific case.

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