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Royal Decree 463/2003 Of 25 April, On Recognition Of The Increase In The Pension For Total Permanent Disability For The Usual Profession For The Self-Employed.

Original Language Title: Real Decreto 463/2003, de 25 de abril, sobre reconocimiento del incremento de la pensiĆ³n de incapacidad permanente total para la profesiĆ³n habitual para los trabajadores por cuenta propia.

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TEXT

Article 10 (4) of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, provides

the

gradual homogenization of the special social security systems with the General Regime. In the same direction, recommendation 6.a of the Toledo Pact provides that, in a progressive manner, a simplification and integration of the special social security schemes will be carried out in order to bring the structure closer together. system.

Within the same objectives, the Agreement for the Improvement and Development of the Social Welfare System of 9 April 2001, provided for the desirability of introducing certain amendments in the framework of the protective action of the self-employed persons, in order to include in this provision the provision of qualified permanent incapacity for the usual profession.

In this regard, Law 53/2002 of 30 December 2002 on fiscal, administrative and social order measures has modified the legal norms governing the Special Agricultural and Labor Regimes, to include, within the scope of the protective action provided for in those cases, the provision indicated, although it differs from a regulatory provision to specify the amount of the benefit and some of the requirements which, in addition to compliance with a given age and non-performance of gainful activity, condition the access to such benefit.

In this sense, this royal decree addresses the regulatory development of Law 53/2002, of December 30, concreting the amount of the benefit and the requirements that the interested parties must fulfill in order to access the (a) the provisions of the 2001 social agreement are to be fully qualified in accordance with the provisions of the 2001 social agreement.

The extension of the protective action, in the terms indicated, must also operate in respect of the self-employed persons included in the Special Regime of Workers for the Account of Own or Self-Employed, in respect of which a regulation similar to that laid down for own-account workers included in the special schemes referred to above is provided for.

By virtue of the powers conferred by Articles 41 and 42 of Law 53/2002 of 30 December 2002 on fiscal, administrative and social measures, and Article 10.4 and the final provision, seventh of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 25 April 2003,

D I S P O N G O:

Article first. Amendment of the General Regulation of the Special Agrarian System of Social Security, approved by Decree 3772/1972 of 23 December.

One. Article 58 of the General Regulation of the Special Agrarian System of Social Security, approved by Decree 3772/1972 of 23 December, is amended as follows:

" Article 58. Permanent disability due to a common illness or non-work accident.

1. Permanent incapacity benefits, arising from a common sickness or non-occupational accident, shall be granted to selfemployed persons under the conditions laid down for employed persons.

2. Self-employed persons who are recognised as having a total permanent incapacity for the usual profession shall be entitled to an increase of 20% of the regulatory basis to be taken into account in determining the the amount of the pension, when the following requirements are established:

(a) That the pensioner is aged at or above the age of 55. In cases where the initial recognition of the permanent disability pension is made at a lower age than that indicated, the increase of 20% shall apply from 1 January of the month following the month in which the worker complies with the 55 years of age, provided that the requirements laid down in the following paragraphs are met on that date.

In cases where the right to an increase of 20% is born in a calendar year after the year in which the initial recognition of the total permanent disability pension for the usual profession occurred, In addition to the above mentioned 20 percent, it will be applied to the revaluations that, for pensions of the same nature, would have taken place since the date expressed.

b) the pensioner does not carry out an activity paid on behalf of an employed or self-employed person or of his or her inclusion in any of the social security schemes. The increase in the pension shall be suspended for the period in which the worker is employed or a self-employed gainful activity which is compatible with the total permanent disability pension which he receives.

c) the pensioner does not hold the ownership of an agricultural or maritime-fishing holding, or a commercial or industrial establishment as an owner, tenant, user or other similar concept. '

Two. A paragraph (d) is added to Article 63 (3) of the General Regulation of the Special Agrarian System of Social Security, approved by Decree 3772/1972 of 23 December 1972, in the following terms:

" (d) Self-employed persons who are recognised as a total permanent disability pension for the usual profession shall be charged 20%, in the case of cases and with the conditions laid down in the Article 58 (2). "

Article 2. Amendment of the General Regulation of Law 116/1969 of 30 December, regulating the Special Regime for the Social Security of Workers of the Sea, approved by Decree 1867/1970 of 9 July.

One. A third subparagraph is added to Article 75 (4) of Regulation No 116/1969 of 30 December 1969 on the special scheme for the social security of workers of the sea, approved by Decree 1867/1970, of the July 9, in the following terms:

" Self-employed persons, who are recognised as a total permanent disability pension for the usual profession, will be entitled to an increase of 20% of the regulatory base to be taken into account for determine the amount of the pension, when the following requirements are established:

(a) That the pensioner is aged at or above the age of 55. In cases where

the initial recognition of the permanent disability pension shall be made at a lower age than that indicated, the increase of 20% shall apply from the day 1 of the month following the month in which the worker reaches 55 years of age, provided that the requirements laid down in the following paragraphs are met on that date.

In cases where the right to an increase of 20% is born in a calendar year after the year in which the initial recognition of the total permanent disability pension for the usual profession occurred, In addition to the above mentioned 20 percent, it will be applied to the revaluations that, for pensions of the same nature, would have taken place since the date expressed.

b) the pensioner does not carry out an activity paid on behalf of an employed or self-employed person or of his or her inclusion in any of the social security schemes. The increase in the pension shall be suspended for the period in which the worker is employed or a self-employed gainful activity which is compatible with the total permanent disability pension which he receives.

c) the pensioner does not hold the ownership of an agricultural or maritime-fishing holding, or a commercial or industrial establishment as an owner, tenant, user or other similar concept. '

Two. A paragraph (c) is added to Article 99 of the General Regulation of Law 116/1969 of 30 December on the Special Regime for the Social Security of Workers of the Sea, in the following terms:

" (c) Self-employed persons who are recognised as a total permanent disability pension for the usual profession shall be charged with the percentage, in the cases and with the conditions laid down in the the third subparagraph of Article 75 (4). '

Article 3. Amendment of Article 38 of Decree 2530/1970, of 20 August, which regulates the Special Regime of Social Security of Workers for the Account of Own or Self-Employed.

A third paragraph is added to Article 38 (1) of Decree 2530/1970 of 20 August, which regulates the Special System of Social Security of Workers for the Account of Own or Autonomous Communities, in the following terms:

" The total permanent disability pension for the usual profession will be increased by 20 per cent of the regulatory basis to be taken into account to determine the amount of the pension, when the following are credited requirements:

(a) That the pensioner is aged at or above the age of 55. In cases where the initial recognition of the permanent disability pension is made at a lower age than that indicated, the increase of 20% shall apply from 1 January of the month following the month in which the worker complies with the 55 years of age, provided that the requirements laid down in the following paragraphs are met on that date.

In cases where the right to an increase of 20% is born in a calendar year after the year in which the initial recognition of the total permanent disability pension for the usual profession occurred, In addition to the above mentioned 20 percent, it will be applied to the revaluations that, for pensions of the same nature, would have taken place since the date expressed.

b) the pensioner does not carry out an activity paid on behalf of an employed or self-employed person or of his or her inclusion in any of the social security schemes. The increase in the pension shall be suspended for the period in which the worker is employed or a self-employed gainful activity which is compatible with the total permanent disability pension which he receives.

(c) The pensioner does not hold the ownership of a commercial or industrial establishment or an agricultural or maritime holding as an owner, tenant, user or other similar concept. "

Single additional disposition. Application of the increase of the total permanent disability pension for the usual profession.

The increase of the total permanent disability pension for the usual profession, as referred to in Articles 58 and 63.3 of the General Regulation of the Special Agrarian System of Social Security, 75.4 and 99.c) of the Regulation General of the Special Regime of Social Security of the Workers of the Sea, and 38.1 of Decree 2530/70, of 20 August, in the wording incorporated by this royal decree, will only be applicable to situations of permanent incapacity that are declared as from 1 January 2003.

Final disposition first. Powers of implementation and development.

The Minister of Labor and Social Affairs is empowered to dictate the general provisions that are necessary for the implementation and development of the provisions of this royal decree.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 25 April 2003.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

EDUARDOZAPLANAHERNANDEZ-SORO