Quarantines and coronavirus infections are assimilated to work accidents
Royal Decree-Law 6/2020, of March 10, by which certain urgent measures are adopted in the economic field and for the protection of public health (B.O.E. of March 11, 2020)
Royal Decree-Law 6/2020, of March 10, adopts on the one hand economic measures, notably the suspension of the release of people in a situation of special vulnerability in foreclosure processes and, on the other, measures in the field of health to stop the expansion of the coronavirus, such as the equalization of the periods of isolation or contagion to the work accident, for the purposes of the temporary disability benefit.
Commented regulation
RD-law 6/2020 of 10 Mar. (adopts certain urgent measures in the economic sphere and for the protection of public health)
The Official State Gazette published on March 11 the Royal Decree-Law 6/2020, of March 10 (LAW 3058/2020), which introduces, on the one hand, measures in the economic field to face both the situation of those families that continue to suffer economic adversity and those derived from the withdrawal of the United Kingdom from the European Union, so as to prevent the SAREB from eventually finding itself in a legal cause of dissolution, and of another, measures in the field of health to stop the COVID-19 cronavirus epidemic and prevent its spread and the shortage of products necessary for health protection.
I. Economic measures
In particular, Law 1/2013, of May 14, on measures to reinforce the protection of mortgage debtors, debt restructuring and social rent (LAW 7255/2013), Law 9/2012, of November 14, (LAW 19065/2012), on restructuring and resolution of credit institutions, and Royal Decree 84/2015, of February 13 (LAW 1785/2015), which develops Law 10/2014, of 26 June, on the organization, supervision and solvency of credit institutions (LAW 10274/2014).
Suspension of mortgage launches of people in a situation of special vulnerability
The regulation modifies Law 1/2013, of May 14 (LAW 7255/2013), of measures to reinforce the protection of mortgage debtors, debt restructuring and social rent, with the aim of extending the term and the beneficiary group for the suspension of the launches. Thus, the validity of the suspension of launches for people who are in cases of special vulnerability is extended for four more years, until May 2024, when in a judicial or extrajudicial process of foreclosure the home had been awarded to anyone, not only the creditor or a third party acting on their behalf, as was the case in the modified text. This measure affects any judicial process of foreclosure or extrajudicial sale by which the habitual residence of people belonging to certain vulnerable groups is awarded, which now includes single-parent families with only one dependent child.
Consequently, the suspension of the launches benefits people belonging to large families, single-parent families with dependent children or of which a minor is part, families in which any of their members have a recognized degree of disability equal to or greater than 33%, a situation of dependency or illness that permanently incapacitates him or her to carry out a work activity, families in which the mortgage debtor is unemployed, families in which one or more people live together with the owner of the mortgage or their spouse by kinship relationship up to the third degree of consanguinity or affinity, and who are in a personal situation of disability, dependency or serious illness that accreditedly disables them temporarily or permanently to carry out a work activity and families in those with a victim of gender violence, as well as debtors over 60 years of age.
In addition, the maximum income limit of the family unit is increased, which serves as a reference to determine vulnerability in terms of the Public Indicator of Multiple Effects Income based on the number of children and whether it is a single-parent family and allow to benefit from the aforementioned measured, by increasing for each dependent child within the family unit by 0.15 times the IPREM for single-parent families or by 0.10 times the IPREM for the rest of the families.
Modification of the legal regime of the SAREB
With the modification of Law 9/2012, of November 14 (LAW 19065/2012), on restructuring and resolution of credit institutions, the legal regime of the Company for the Management of Assets from Bank Restructuring (SAREB ), by modifying its seventh additional provision for the purposes of non-application of the provisions of article 363.1.e) of the consolidated text of the Capital Companies Act, approved by Royal Legislative Decree 1/2010, of 2 of July (LAW 14030/2010), which regulates the dissolution due to the reduction of the net worth to an amount less than half of the capital stock.
Transformation of financial entities into banks
The text modifies the fourth additional provision of Royal Decree 84/2015, of February 13 (LAW 1785/2015), which develops Law 10/2014, of June 26, on the organization, supervision and solvency of entities of credit (LAW 10274/2014), in order to expand the type of financial institutions already established that can request their transformation into banks. This is due to the uncertainty derived from the negotiation and the possible lack of agreement that regulates the relations between the European Union and the United Kingdom, because the impossibility of transformation into a bank is a domestic peculiarity that does not exist in the rest of the member states of the European Union, and which significantly hinders the competitiveness of the Spanish financial system, and the entry into force of a new prudential regime for investment service companies after the approval of Directive (EU) 2019/2034, of November 27 of 2019 (LAW 18619/2019) and Regulation (EU) 2019/2033, of November 27, 2019 (LAW 18620/2019), which requires applying the prudential regime of credit institutions or requesting authorization as credit institution when certain thresholds are exceeded.
II. Measures for the protection of public health
Given the public health emergency situation arising from the COVID-19 coronavirus, the standard considers it necessary to introduce measures that guarantee the social protection of workers who cause sick leave due to isolation and illness, as well as the supply of the necessary material in our national system of Health.
Equality to the work accident of quarantines and casualties due to coronavirus
In order to prevent the spread of the disease and maintain the social protection of self-employed or employed workers, it is included that periods of isolation or contagion of workers as a result of the COVID-19 virus will be considered an assimilated situation a work accident for the purposes of the economic benefit for temporary disability of the Social Security system.
Shortage of health protection products
Likewise, Organic Law 3/1986, of April 14 (LAW 924/1986), on Special Measures in Public Health Matters, is modified to establish the centralized supply by the State of products necessary for the protection of health that are not in the nature of a medical device, in order to foresee possible shortages.
Legislative amendments
Law 9/2012, of November 14 (LAW 19065/2012), on restructuring and resolution of credit institutions: section 3 of the seventh additional provision is modified.
Law 1/2013, of May 14 (LAW 7255/2013), of measures to reinforce the protection of mortgage debtors, debt restructuring and social rent: the first paragraph of section 1 and letter b) of the Article 1, paragraph 2, as well as Article 3, paragraph 1, letter a.
Royal Decree 84/2015, of February 13 (LAW 1785/2015), which develops Law 10/2014, of June 26 (LAW 10274/2014), of organization, supervision and solvency of entities credit: the fourth additional provision is modified.
Organic Law 3/1986, of April 14 (LAW 924/1986), on Special Measures in Public Health Matters: the fourth article is modified.
Entry into force
Royal Decree-Law 6/2020, of March 10 (LAW 3058/2020), enters into force on March 12, 2020, the day after its publication in the Official State Gazette.