Debt write-offs and new regulation

At the same time, a new regulation is established for partially consistent debtors, for the period of employment from September 2021 to December 2022

A circular from the Insurance Debt Collection Center describes the ways to join the two new insurance debt settlement schemes in view of the launch of the relevant platform.

Following the announcements of the government and the passing of the relevant provisions by the Parliament with the law 5036/2023, the debtors can revive earlier arrangements to which they failed to respond, such as the 120 installments established by law 4611 of 2019 and the regulation in up to 72 installments established by Law 4821/2021, in the midst of a pandemic and restrictions on economic activity. At the same time, however, a new arrangement is being established for partially consistent debtors, for the employment period from September 2021 to December 2022.

In order for debtors to revive the arrangements, certain conditions must be met: a) the arrangement has been lost by 1/2/2023, b) to submit a relevant request to the KEAO by July 31, c) to pay 2 monthly installments of the lost arrangement by the last working day of the month of submission of the application, d) in case there are also debts that have not been included in the lost arrangement, they should be included in a permanent arrangement until 31/7/2023, which should be respected.

The conditions

It is noted that, in derogation of the permanent legislation, the subjection of the aforementioned debt to a permanent arrangement is allowed even if the debtor has lost a permanent arrangement in the past.

However, it is not possible to revive the above favorable arrangements if, following the loss, the debts included in them have been subject to debt settlement of the out-of-court business debt settlement mechanism of Law 4469/2017 or to debt settlement of Law 4738/2020 or special arrangement of debts in the context of the reorganization process.

1 A debtor who was subject to the regulation of Law 4611/2019, which he lost and then at his request joined the debt regulation of Law 4738/2020, cannot revive the regulation of Law 4611/2019.

2 A debtor who had been subject to the regulation of Law 4611/2019, which he lost, and then at his request was included in the permanent debt settlement may, following submitting a relevant application, rejoin the regulation of Law 4611/2019.

The oldest unpaid installments of the arrangement, remaining following the payment of the required two installments for its revival, are charged with the amount of interest corresponding to the time period from the loss of the original arrangement to the date of the revival of the arrangement. With the revival of the arrangement the aforementioned outstanding installments with the corresponding interest are transferred to an equal number of installments at the end of the arrangement. The arrangement is revived with the same terms, conditions and with all the benefits provided in the provisions of each arrangement for the remaining number of installments.

With the same law, it is possible to be subject to regulation in up to 72 installments for employers, self-employed and freelancers who find it difficult to meet their current insurance obligations, although their other insurance obligations remain consistent.

The following can be included in the arrangement:

a) Debtors who only have debts for periods of employment from September 2021 to December 2022 to social security agencies, except for the Auxiliary Capital Insurance Fund (TEKA).

b) Debtors who, in addition to the 9/21-12/22 debts, also had previous ones, which they had entered into settlement until 1/11/2021.

c) Debtors who have revived the favorable arrangement of 120 installments have the right to submit the debts of employment periods from September 2021 to December 2022 in up to 72 installments.

d) Debtors who revived the favorable arrangement of up to 72 Covid installments and have only later debts can include the debts of 9/21-12/22 in up to 72 installments of the new law.

e) Debtors with a fixed arrangement that includes debts for periods of employment from September 2021 to December 2022 and is observed on 1/2/2023 can include these debts in the new arrangement of up to 72 installments.

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