Exceptional support to workers' families

The Decree-Law 119-B/2021, of 23 December, amends measures in the context of the COVID-19 pandemic.

Among these, it clarifies, under article 3 of Decree-Law 8-B/2021, of 22 January, in its current wording, that in situations where there is an entitlement to exceptional support for families accompanying children during the period of restraint, it is clarified that it will be paid at 100% of basic pay if the accompaniment is shared by the parents - considering a period of three days, it is understood that there is sharing if the accompaniment is exercised two days by one parent and one day by the other parent and, in longer periods, for a minimum of two days with each parent.

This shall also apply for the period from 27 to 31 December 2021.

The Decree-Law 119-A/2021, of 22 December, amends measures in the context of the COVID-19 pandemic.

Among these, article 3 of Decree-Law 8-B/2021, of 22 January, in its current wording, is replaced by the following wording: for the period from 2 to 9 January 2022, employees, self-employed workers and workers under the convergent social protection regime, even if they telework are entitled, respectively, to the exceptional family support foreseen in articles 23 to 25 of Decree-Law 10-A/2020, of 13 March, in its current wording, with the necessary adaptations,

The Law 16/2021, of 7 April, proceeds with the second amendment, by parliamentary appreciation, to Decree-Law 8-B/2021, of 22 January, which establishes a set of support measures in the context of suspension of face-to-face schooling and non-teaching activities, amended by Decree-Law 14 -B/2021, of 22 February. The regime in force has the following adaptations:

• In single-parent families with a dependent child or dependent under the age of 12, the parent may opt for the telework regime or for exceptional family support, even if there are other ways of providing the activity, namely by teleworking;
• In families with at least one dependent under the age of 12, one of the parents may opt for exceptional family support, even if there are other ways of providing the provision of the activity, namely through telework and even if the other parent is teleworking;
• In families with children or dependents with disabilities or chronic illness, one parent can opt for exceptional family support, even if there are other ways of providing the activity, namely by teleworking and even if the other parent is teleworking.

As to the value of and the right to the exceptional family support:

• The value of the support shall correspond to the total contribution base measured for the first quarter of 2020.
• The support referred to in the previous numbers has a minimum limit of 1 Social Support Index (IAS) and a maximum of 3 IAS, and may not, in any case, exceed the amount of the remuneration registered as the contributory incidence base.
• There is the right to share the support, if the parents so wish.
• If a parent works in another way, such as teleworking, the other parent retains the right to support.

The Decree-Law n.º 14-B/2021, of 22 February, extends exceptional family support in the context of the suspension of school and non-school face-to-face activities.

The workers who are teleworking may choose to interrupt their activity to provide family support, benefiting from the exceptional family support, in situations where their household:

• is a single-parent household and they are in the period when their child or other dependent is in their care, if custody is shared, or
• includes a child or other dependent who attends social equipment for early childhood support, pre-school or primary school establishments,
• or a dependent with a disability, with proven incapacity equal to or greater than 60%, regardless of age.

As a public policy measure that aims to protect family income, particularly of those in poverty, and promote gender balance in the provision of family care, in situations where the household is a single parent, or both parents receive the support alternatively, on a weekly basis, the value of the exceptional family support is increased, at the expense of social security, to 100% of the basic remuneration, within the applicable legal limits.

Employers, as regards the value of the additional amount referred to above, shall be exempt from the payment of social security contributions for which they are responsible.

The Decree-Law 14-F/2020, of 13 April, adds an upper limit to the support to the self-employed workers who, in the previous 12 months, had contributions for at least 3 consecutive months. The amount of the support corresponds to one third of the contributory base per month in the 1st quarter of 2020. The support has the bottom limit of one Social Support Index and the top of two and a half Social Support Index, not exceeding, in any case, the amount of the remuneration registered as basis for the contributory incidence.