On 1 January 2015, Law 35/2014 of 26 December 2015 came into force, amending the recast text of the General Law on Social Security in relation to the legal regime of mutual accident victims. work and occupational diseases of social security. This law, in turn, in its second final provision, amended Law 32/2010 of 5 August establishing a specific system of protection for the cessation of the activity of self-employed workers.

Among the amendments made to the aforementioned Law 32/2010, of 5 August, we proceed to give a new wording to your article 2, thus modifying the legal regime of the benefit, so that the coverage of this benefit is voluntary, thus eliminating the obligation to cover the protection by cessation of activity in cases where the self-employed worker is protected by professional contingencies. However, Law 35/2014, of 26 December, does not set a deadline for the self-employed persons on the high to date 1 January 2015 to choose to maintain or waive the coverage of the cessation of activity, now of a voluntary nature.

In view of this regulatory loophole, in order to determine a single deadline for all self-employed persons, this resolution provides for the deadline for exercising that option during 2015.

According to the competences that Article 6.1 l) of Royal Decree 343/2012, of 10 February, on the basic organic structure of the Ministry of Employment and Social Security, attributes to the General Management of the Social Security, Resolved:

First. Subjective scope of application.

This resolution shall apply to self-employed or self-employed persons in a situation of discharge who are already on the high in the Special Regime of Workers for Own or Autonomous Account or in the Regime Special de Trabajadores del Mar on 31 December 2014 and were agreed on that date by compulsory cessation of activity.

Second. Option period.

Those who fall within the scope of this resolution, as long as they have not already exercised the right of choice during the year 2015, may choose to waive the coverage of this resolution. activity until 30 September 2015, being set as the date of effect on the first day of the month following the date of the application.

Applications submitted as of October 1 of the same year will have a date of effect of the change of coverage on January 1, 2016.

For those self-employed or self-employed persons who have applied for the waiver prior to this resolution, and so on record, the date of effect shall be the date of the first day of the month following the date of the request.

Third.

In the event that the worker accredits that the date of the application is prior to the date of entry into force of this resolution, the return of the fees entered in the concept of the provision of a cessation of activity, for the period from the date of effect of the waiver laid down as provided for in the second subparagraph and the first day of the month following the entry into force of this decision, in accordance with the The provisions of the General Regulation on the Collection of Social Security, approved by Royal Decree 1415/2004, of 11 June.

This clause will not apply to the self-employed workers in the Special Sea Regime.

Fourth.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, September 15, 2015. -Director General of Social Security Management, Rafael Antonio Barbera de la Torre.