PENSIONS Regulation of Act No. 23,466 granting non-contributory pensions to families of disappeared persons. DECEMBER No. 1.228

Bs. As., 30/7/87

VISTO: Law No. 23,466; and

CONSIDERING:

That by article10 of the same, the executive branch must proceed to the respective regulations.

That has taken action the permanent legal service of the agency of origin.

That in accordance with the powers conferred by article 86, paragraph 2, of the National Constitution, the said obligation is fulfilled.

Therefore,

THE PRESIDENT

OF ARGENTINA NATION

RIGHT:

Article 1 Las Benefit requests will contain the following data:

(a) (i) Name and surname of the applicant, domicile, marital status, nationality, date of birth and age.

(ii) Identity document: Nros. de D.N.I. y/o C.I.

(iii) Mention of other perceived or requested benefits.

(iv) Specification of disability if any.

(v) Relation of kinship to the disappeared person.

(vi) Mention of the body to which the complaint was filed and the date.

(vii) Date of enforced disappearance.

(b) For the specific case of minors and other situations in which the collection of this benefit must be carried out by representation the character of the benefit shall be fruitfully accredited.

(c) Relationships of kinship provided for in Act No. 23,466 shall be credited only by relevant provisions, or by judicial declaration.

(d) All the requirements set forth in this article shall be fulfilled in the application form as Annex I to the present decree, and shall be made by triplicate, giving the person concerned a copy as a record, at the time of submission.

(e) The complaint referred to in article 1 (b) of Act No. 23,466 shall be credited by certification issued by the authorities mentioned therein, which shall include the factual budgets required in the last paragraph of the article. In the event that such acts do not arise properly from the complaint, they must be accredited by testimony of two or more persons. In the event that the documentation referred to may not be provided by the applicant, the Secretariat for Human Development and Family shall request it from the above bodies.

(f) The testimony provided for in this regulation shall comply with the requirements set out in articles 426, 427, 440, 441, 449 and 472 of the Code of Civil and Commercial Procedures of the Nation, and shall be retained in the manner provided for in article 197, 1 and 2 of the same legal body.

Art. 2o . (a) The spouse and minor children are presumed to be in charge of the disappeared person except evidence to the contrary.

(b) The inability to work provided for in article 2 (b) of Act No. 23,466, shall be complete, or partial, of such a degree that prevents the performance of lucrative activity, which shall be credited by record issued by competent authority of the place of residence of the petitioner.

(c) As to the lack of retirement, pension, withdrawal to non-contributory benefit, it will be credited by affidavit of the petitioner. In the event of proof of the falseness of this declaration, the penalty shall constitute the loss of the benefit provided for in Act No. 23.466.

(d) The requirement of cohabitation must be tested by any means of proof of cohabitation in the same house.

Art. 3o El The character of the disabled shall be understood in the terms set forth in Law No. 22.431, which shall be accredited by certification of the competent official authority. Art. 4o Unregulated. Art. 5o Unregulated. Art. 6th . Under article 6 (b) of Act No. 23,466, the failure to comply with the complaint within the period of the one hundred and eighty (180) days, shall entail loss of the right to the retention of benefits received after that period. The return shall be required by the enforcement authority. Art. 7o La The authority to implement Law No. 23.466 will be the Ministry of Health and Social Action, through the Secretariat for Human Development and Family. Agreements may be made with Provincial Governments, Municipalities and Human Rights Agencies to act as recipients of requests within the country. The presentations will be made to the Consulates of the Republic abroad. In case of refusal, recourse may be made in accordance with the provisions of the Administrative Procedures Act, without prejudice to the relevant legal proceedings. Art. 8o . If for reasons of force majeure, at the time of submission some of the requirements established for it, the condition of the procedure, place and degree of progress must be checked for the completion of the procedure. Art. 9th La The Secretariat for Human Development and Family will establish agreements with the Social Security Secretariat of the Ministry of Labour and Social Security, for this agency to act as a paying agent. Art. 10. . As a consequence of the provisions of the previous article, the expenditure that demands compliance with this law will be charged to the Finality 7, Function 01, Jurisdiction 77, Agenda 010, Special Account 374, Administrative Service 352, Principal Part 3180, Partial 806. To that end, funds from the production of the gambling, or in its default, of General Rents, will be transferred to the Special Account. Art. 11. . Communicate, publish, give to the National Directorate of the Official Register and archvese.

ALFONSIN

Juan V. Sourrouille Carlos E. Alderete Mario S. Brodersohn.

Annex I

REQUEST FOR BENEFITION (Law No. 23,466)

REQUESTS

Full names and surnames
Home
Civil State		Nationality
Date of birth			Age
No documents: D. N. I.				C. I.
Specify if you receive:
	No profit
	Granting Fund
	Pensión		No profit
	Granting Fund
	Retirement		No profit
	Granting Fund
	Other benefits		No profit
	Granting Fund
Specify if you have any degree of disability
Relation of kinship to the disappeared
Agency to whom the complaint was filed
Date of complaint
Date of enforced disappearance

THIS SOLICITUD HAS A CHARACTER OF JURATE DECLARATION AND I WILL BE PLENTED BY TRIPLICATE

REPRESENTATIVE OR LEGAL REPRESENTATIVE OR JUDICIALLY