Insurance Premium Deferral in Fire Zones

After the fire disaster, it was announced through the media that an arrangement would be made to postpone the insurance premium payments of the workplaces in the region. The expected regulation was made with the General Letter published by SGK on August 9th, 2021.

The wildfires started simultaneously in many parts of Turkey; however, in some areas the fire was immediately extinguished before it turned into a disaster, while in some areas it continued for days. Life in the provinces where the fire has reached a catastrophic level has been greatly affected. For this reason, legal responsibilities arising from Law No. 5510 for these regions were postponed both in terms of notification/declaration and payment.

Which Regions Are Eligible for Premium Delays?

The areas most affected by the wildfire were the Mediterranean and Aegean regions, districts of Muğla, Antalya, Mersin, Adana and Osmaniye provinces, classified as disaster areas and included in the scope of force majeure. In this context, in accordance with Article 91 of Law No. 5510, the right to defer the declaration and payments of insurance premiums was granted.

Between 28.7.2021-01.11.2021;

Antalya: Manavgat, Akseki, Alanya, Gündoğmuş, Gazipaşa and İbradı districts

Mersin: Aydıncık and Silifke Districts

Osmaniye: Central and Kadirli districts

Between 29.7.2021-01.11.2021;

Muğla: Marmaris, Bodrum, Milas, Köyceğiz, Kavaklıdere and Seydikemer counties

Adana: Aladağ, İmamoğlu, Karaisalı and Kozan districts

What is the Deadline for Notices, Declarations and Payments?

• The start date of the force majeure is 28 July 2021 for the districts in Antalya, Mersin and Osmaniye and 29 July 2021 for the districts in Muğla and Adana. All premium notifications and payments will be evaluated accordingly.

• All information, documents and declarations to be submitted in accordance with the Law No. 5510 will be accepted from the date of force majeure to 26 August 2021 (including this date).

• There is no postponement regarding the notification of Occupational Accident and Occupational Diseases.

• For the affected districts, current premium debts that are overdue before the force majeure and premium debts for June – September 2021 have been postponed until 30.11.2021 (including this date) without any delay penalty. 

• The concise and premium service declarations are required to be submitted within the period between the start of the force majeure and 26 August 2021. 

• The workplace will be able to benefit from incentives provided that the debts whose legal payment period has expired before the start of the force majeure are paid until 30.11.2021 (including this date).
  
• The premium debts of the workplaces included in the scope of postponement on the dates of the disaster, and the premium debts incurred during the postponement periods will not be shown as debt in the “no debt” documents to be issued including the date of 30.11.2021.
  
• During the postponement, no deductions will be made from the billing fees of the health service providers.

• The employer, the insured or the beneficiaries, who have not entered into the condition of canceling the restructuring/instalment procedures as of the start date of the force majeure, of the structured or installment debts; In case of paying the installments, whose payment term ends between the date of force majeure and the date of 1 November 2021, by 30 November 2021, it will be deemed to have been paid within the legal period.

• Due to the debts within the scope of postponement, the enforcement proceedings made in accordance with the provisions of the Law No. 6183 on the Collection of Public Claims will be suspended, and new enforcement proceedings will not be opened during the postponement period.

• Pursuant to the provision that the debts deferred due to force majeure within the scope of the sixth paragraph of Article 48 of the Law No. 6183 can be paid in installments without any deferred interest or with a lower deferred interest rate; Delayed debts can be paid in installments, provided that a written application is made until 28.02.2022 and other conditions specified in the Circular No. 2013/14 are met.

Click to reach the original of the SGK General Letter dated 9 August 2021.