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Order Ssi/2696/2015, Of 4 December, That Establishing The Regulatory Basis For The Provision Of Subsidies For Beneficiaries Of State Centers For People With Disabilities Whose Ownership Corresponds To The Institute May...

Original Language Title: Orden SSI/2696/2015, de 4 de diciembre, por la que se establecen las bases reguladoras para la concesiĆ³n de subvenciones para personas beneficiarias de centros estatales para personas con discapacidad cuya titularidad corresponde al Instituto de Mayo...

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TEXT

The Ministry of Health, Social Services and Equality, under Royal Decree 200/2012 of 23 January, developing the basic organic structure of the Ministry of Health, Social Services and Equality and amending Royal Decree 1887/2011, of 30 December, establishing the basic organic structure of the ministerial departments, has attributed among its functions, the attention and the support to the persons with disabilities in the field of the Constitutionally reserved powers to the State, being attached to the Secretariat of State Social Services and Equality, the managing body of Social Security, called the Institute of Older and Social Services (Imserso).

The Imserso, in accordance with the provisions of Royal Decree 1226/2005 of 13 October, establishing the organic structure and functions of the Institute of Older and Social Services, has attributed the management of the social services complementary to the social security system.

In relation to the management of the social services complementary to the Social Security system, Article 38 of the Royal Decree of Law 1/1994 of 20 June, approving the recast of the General Law of Social Security, relating to the protective action of Social Security, cites the benefits of social services that can be established in the field of rehabilitation of persons with disabilities.

Article 53 of the aforementioned legal text, under the heading "Social Services", provides that, in addition to the benefits corresponding to situations specifically protected by Social Security, it is subject to to the provisions of the Department that corresponds and in connection with their respective organs and services, will extend their action to the benefits of social services provided in this law, regulatively or that in the future they can be established in accordance with Article 38 (1) (e).

Corresponds to the Imserso management of the state centers for persons with disabilities whose objectives are on the one hand, to offer people with disabilities those measures that make possible their personal recovery and professional, to facilitate their integration of work and, on the other hand, the integral care of those people with physical disabilities who, lacking reasonable possibilities of professional recovery as a result of the severity of their disability, find serious difficulties in achieving job integration.

The present order of bases is dictated to regulate the granting of grants for persons receiving State centers for persons with disabilities whose ownership corresponds to the Imserso.

To be able to meet these goals, the General Budget of the State will provide the appropriate appropriations.

The present order of regulatory bases for granting grants, is adapted to the requirements of Law 38/2003, of 17 November, General of Grants, and to Royal Decree 887/2006, of 21 July, for which the Regulation of Law 38/2003 of 17 November, General of Grants, as well as the provisions of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 17.1 of Law 38/2003 of 17 November provides that in the field of the General Administration of the State, the Ministers shall establish the appropriate regulatory bases for the grant of the grants.

In its proceedings, this order has been submitted to the Central Delegate and the Delegation in the Imserso, and has received a report from the National Disability Council.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object and scope of application.

This order establishes the regulatory basis for grants awarded by the Institute of Senior Citizens and Social Services (Imserso), which is responsible for the appropriations in their budgets, to facilitate rehabilitation, mobility and communication, and the acquisition of products to support persons benefiting from the state centres for persons with disabilities whose ownership corresponds to the Imserso.

Article 2. Types of grants.

The grants referred to in this order are given in the following types:

a) Rehabilitation grants. Its purpose is to enhance personal autonomy, development and recovery or maintenance of capabilities, through:

1. Support Products.

2. Orthoprosthetic Medicine: includes the acquisition or renovation of prostheses, glasses or lenses.

b) Grants for mobility and communication. Its purpose is to increase the capacity for mobility and communication with the environment, through:

1. Mobility:

Increased displacement capacity: Acquisition of wheelchairs.

Adaptation of motor vehicles.

Removing architectural barriers.

2. Communication:

Eliminating communication and cognitive barriers in the home.

Potentiation of relationships with the environment: Acquisition of appropriate technical and technological resources to this end.

c) Complementary transport grants. Its purpose is to cover travel expenses to or from the centre of persons with reduced mobility which makes it impossible for them to use the means of public transport.

Article 3. Call.

1. The call shall be made on the basis of competitive competition, in accordance with the provisions of Article 22.1 of Law 38/2003 of 17 November, General of Grants, by resolution of the holder of the General Directorate of the Imserso, in accordance with its field of competence.

2. The calls shall necessarily contain the extremes referred to in Article 23.2 of Law 38/2003 of 17 November.

3. The call for grants shall contain the budgetary appropriations to which the grants to be called may be charged, the appropriations for programmes may be distributed and the maximum ceilings to be granted.

Article 4. Requirements of the applicants.

Natural persons who meet the following requirements may be eligible for the call:

(a) Being a beneficiary of a State Centre for Persons with Disabilities whose ownership corresponds to the Imserso. For these purposes, the user would benefit from the users of the same.

b) Have a disability degree equal to or greater than 33 percent. However, they may apply for rehabilitation grants where, without reaching 33% of the degree of disability, they require, in the opinion of the medical-therapeutic and social services of the centre, measures to prevent or delay the development of the unfavorable of the disability.

(c) Credit the need for the subsidised activity according to the type of subsidy applied for, among those provided for in Article 2, by means of reports from the centre's social, medical and/or therapeutic services.

d) Do not receive any other grant that, together with the one requested, is higher than the cost of the service.

e) There should be justified, where appropriate, the grants received in previous calls.

f) Not to be in breach of the prohibitions which, in order to have the status of person receiving public subsidies, are set out in Article 13.2 of Law 38/2003 of 17 November.

Article 5. Competent bodies for the management, instruction and resolution of the procedure.

1. The bodies responsible for carrying out all the activities referred to in the grant procedure shall be the instructor, the collegiate body and the awarding body, who shall act in accordance with the provisions of the Articles 22, 24 and 25 of Law 38/2003 of 17 November.

2. The competent body for the instruction of the procedure and the formulation of the motion for a resolution is the General Management Subdirectorate.

3. The collegiate body is the evaluation commission attached to the General Directorate of the Imserso, which:

(a) It shall be chaired by the titular person of the General Management Subdirectorate, and shall form part of it three vowels appointed by it, among officials at the level 22 or higher of the General Directorate of the Imserso, one of the which will act as secretary. In its operation, the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, shall apply to the collegiate bodies.

(b) It shall be the body responsible for issuing the report in which the result of the assessment carried out in accordance with the provisions of Article 24 (4) of Law 38/2003 of 17 November.

(c) It shall be addressed in its operation with the personal, technical and budgetary means with which it has the administrative body to which it is attached.

4. The competent body for the resolution of these grants is the head of the General Directorate of the Imserso.

Article 6. Concession procedure.

1. Grants shall be awarded in accordance with the principles of advertising, transparency, objectivity, equality, non-discrimination and the competitive competition procedure.

2. The concession procedure shall be initiated on its own initiative by public notice, adopted by a decision of the person holding the General Directorate of the Imserso and published in the "Official Gazette of the State", as laid down in Article 23 of the Law 38/2003, of 17 November, and in accordance with the principles of Law 30/1992, of 26 November.

3. The calls shall develop the procedure for the award of the grants set out in these regulatory bases.

4. The notification of the acts in the competitive competition procedure shall be made in accordance with the terms set out in Article 58 et seq. of Law 30/1992 of 26 November.

Article 7. Submission of requests and error subhealing.

1. Once the calls have been published, the persons concerned shall submit the relevant application, in a standard format, to be published as an annex to the calls, together with the documentation provided for in Article 8 of this order, in the seat of the convening body, in the Register Office of the centre of which it is a beneficiary, and, in any case, in accordance with Article 38.4 of Law No 30/1992 of 26 November.

2. The time limit for the submission of applications shall be one month from the day following that of the publication of the call in the Official Gazette of the State.

3. Applications may be submitted by electronic or telematic means. In this case, the applications will be available for completion through a computer application, which can be accessed through the website whose address will be indicated in the corresponding call.

4. If the request for initiation does not include the identification data, both the grant requested and the person and/or any of the data provided for in Article 70 of Law 30/1992, of 26 November, the applicant shall be required to agree with the provisions of Article 71.1 of the said law, so that within ten working days, the faults or the accompanying documents must be subsated, indicating that if they do not do so, they shall be given a withdrawal of their request, prior to notification of the decision to be made in accordance with the terms laid down in Article 42 of the same law.

Without prejudice to the foregoing, at any time, the applicant may be urged to complete the necessary formalities, in accordance with the provisions of Article 76 of Law 30/1992, of 26 November, granting to this effect a (a) 10 working days from the day following that of the notification, with an express warning that, if not so, it may be declared decayed in its right to such a procedure. However, the action of the person concerned shall be admissible and shall produce its legal effects if it occurs before or within the day on which the decision in which the period has elapsed is notified.

Article 8. Documentation.

1. The original documentation, which must accompany the application, will be in addition to the one established in this order that establishes the call resolution.

The applicants will have, in respect of each call, the rights granted to them by Article 35 of Law 30/1992 of 26 November, and may accompany a copy of the original documents they provide, in order to These are immediately returned by the Registry Offices, once the copy has been certified and joined to the corresponding application.

In the case of invoices, which must be original, the applicant shall be entitled to the right to be duly completed with a stamp by a copy of the invoices at the time of their submission.

2. The person concerned or the person representing his/her representation may, in the application model, provide the express consent, in order for the Imserso to obtain directly, through electronic or telematic means, the data relating to the identity, residence, representation, degree of disability and/or dependency, family unit and income, as set out in paragraph 3 of this Article.

Information regarding the documentation referred to persons belonging to the family unit, may be obtained directly, through electronic or telematic means, by the Imserso in the case of having borrowed express consent in the application model.

The person concerned or the person representing his or her representation and the persons belonging to the family unit may not give such consent and may expressly revoke it at any time, in which case they shall provide, together with to the request, the required documentation that is related below.

3. Applications shall be accompanied by the following documents:

a) Proof of the identity of the applicant.

b) Accreditation, if any, of legal representation.

c) Statement, if any, of the fact-keeper.

(d) Proof of the declaration and qualification of the degree of disability and/or dependence, if any, of the spouse and family members up to the second degree of consanguinity, who live in the applicant's home.

e) Family Book in the case of applicants who are economically dependent on the family of living together and have their habitual residence in the family home.

f) Credit documents of the applicant's income.

g) Credit documents for family income:

The income of all members who integrate the family unit, spouse and/or family members up to the second degree of consanguinity, living in the same address as the applicant, will be documented.

In the event that the applicant resides at home other than the family member, but depends economically on the family unit, supporting documentation of the income of all members, up to the second degree of consanguinity, which integrate the family unit.

h) duly formed budget or invoice to justify the cost of the grant requested.

i) Reports of the social, medical and/or therapeutic services of the centre that demonstrate the need for the subsidised activity according to the type of subsidy.

j) Certification of compliance with tax and social security obligations.

In this respect, the submission of the grant application shall entail the authorisation of the applicant, in order for the granting body to obtain directly the accreditation of the circumstances provided for in Article 18 of the Regulation of the General Law of Grants, approved by Royal Decree 887/2006, of July 21, through electronic or telematic certificates, in which case the applicant must not provide the corresponding certification.

However, the applicant may expressly refuse consent, and must then provide the certification in accordance with the terms of Article 22 of that Regulation.

k) Responsible statement of the recipient of the payment of repayment obligations under grants, as provided for in Article 25 of the General Grant Law Regulation.

(l) In the cases not provided for in paragraphs (j) and (k), a responsible statement of the beneficiary, given to the grant authority, that the person concerned is not in breach of the prohibitions for obtaining the the status of a person receiving grants, as set out in Article 13.2 of Law 38/2003 of 17 November.

m) Title, if any, of large family.

n) In the event of domestic or gender-based violence, it may be established by any of the following documents: conviction, protection order, report of the Prosecutor's Office or accreditation/report issued for the purpose accreditable to be receiving assistance due to gender or domestic violence, or the social services of the Public Administration, Autonomous or Local, or in a host country.

Article 9. Assessment criteria.

For the award of grants, in addition to the amount of the overall budget included in the corresponding budget appropriations, which conditions, without the possibility of enlargement, the obligations to be contracted by the In accordance with Article 60 of the General Grant Law Regulation, the assessment criteria set out below shall be taken into account in accordance with Article 60 of the General Grant Law:

a) Economic situation. Family income per capita will be valued. For this purpose, all the economic resources of the spouse, a couple of fact or a person to whom the same is linked by the same relationship of affectivity and the relatives, to the second degree of consanguinity, which coexist in the same domicile, shall be considered as of the applicant, including the economic resources of that person or that person.

In the event that the requesting person resides in a household other than the family member, but depends economically on the family unit, the income of all members, up to the second degree of consanguinity, will also be valued. they integrate the family unit, including those of the applicant.

For the determination of family income per capita, all net economic resources, including income from work, capital income, business, professional or artistic activities, as well as pensions granted by public bodies or private entities, etc. The sum of the family resources shall be divided by the number of members of the household.

Monthly household income will be valued, as follows, with reference amounts being those set out in the General State Budget Law in the year of the call:

Up to the amount of non-contributory pension: 50 points.

Up to the amount fixed for family benefit by child over 18 years with third-person help: 40 points.

Up to the amount set for the interprofessional minimum wage: 30 points.

Up to the amount of the total permanent disability pension for beneficiaries with 65 years with spouse in charge: 20 points.

Up to the amount of the large invalidity pension with spouse in charge: 10 points.

b) Disability status. The degree of disability recognised by the applicant shall be assessed:

Degree of disability higher than 75 percent: 20 points.

Degree of disability between 66 and 75 percent: 15 points.

Degree of disability between 33 and 65 percent: 5 points.

c) Family situation. This section will assess the degree of disability with 10 points from 33 per cent, or permanent incapacity or the situation of dependency (in all grades), of the spouse, partner of fact or person to whom it is linked by the same. relationship of affectivity and/or family members, to the second degree of consanguinity living in the applicant's home (excluding this).

d) Stay. The condition of the beneficiary of the State centres for persons with disabilities of ownership of the Imserso, at least one year in advance of the publication of the notice of call in the Official Gazette, shall be assessed with 5 points. of the State ".

e) Concurrency in previous calls. A favourable score of more than 50 points, in previous calls, shall be assessed with 5 points, not having acquired the status of person receiving the grant for credit limitation.

f) Large family. The membership of a large family of special categories will be valued at 5 points. Membership of a large family of general category will be valued at 3 points.

g) Gender or domestic violence. The gender or domestic violence situation will be assessed with 5 points.

To score equality, they will have preference in the concession, the applicants who would have obtained the highest assessment in the criterion of disability.

Article 10. Amount of the grants.

1. The amount of the appropriations allocated to this subsidy shall be determined on an annual basis in the General Budget Law of the State, with a view to the budgetary appropriations to be indicated in the corresponding calls, and their The concession shall be subject to adequate and sufficient credit in those budgets.

2. The individual amount of the subsidy shall be determined by the score obtained in the application of the assessment criteria and the budget submitted by the applicant, or in his case the invoices, which shall serve as a reference for the final determination of the amount of the subsidy.

3. The recognised amount may not exceed 100 per cent of the cost of the grant requested, credited by the budget or invoice submitted by the applicant.

4. The grant of a grant under the relevant call does not entail any obligation on the part of the authority to award grants in the following financial years.

Article 11. Resolution.

1. The instructor, in the light of the file and of the report of the collegiate body, shall make the proposal for a provisional, duly substantiated, decision to be notified to the parties concerned, and a period of 10 working days shall be granted for the submit claims.

It may be possible to dispense with the procedure for hearing where the proceedings are not included or take into account other facts or other arguments and evidence which are adduced by the parties concerned. In this case, the proposed resolution will have the ultimate character.

The arguments put forward by the interested parties will be examined, the proposal for a final decision, which must be expressed by the applicant or the list of applicants for which the granting of the aid is proposed, will be formulated. grant, and its amount, specifying its assessment and the assessment criteria followed to carry out the grant.

2. The person who holds the General Directorate of the Imserso shall decide the procedure for granting it within 15 days of the date of the lifting of the motion for a resolution, as laid down in Article 63.1 of the Rules of Procedure. General of Grants.

3. The resolutions shall be reasoned and shall, in any event, be given the basis of the resolution adopted, as well as clearly identified the commitments made by the beneficiaries, in accordance with the provisions of the Article 25.2 of Law 38/2003 of 17 November and in Article 62 of the Regulation of the General Law on Subsidies.

4. Resolutions shall be issued and notified to the applicants within the maximum period of six months from the date of publication of the respective calls, in accordance with Articles 25.4 and 26 of Law 38/2003 of 17 November. Exceptionally, an extension of the maximum time limit for resolution and notification may be agreed, in the terms and limitations laid down in Article 42.6 of Law No 30/1992 of 26 November 1992, with the said agreement being communicated to the applicants.

Notifications shall be made in accordance with the terms of Article 58 et seq. of Law 30/1992 of 26 November.

5. The decisions given by the person in charge of the Directorate-General of the Imserso shall end the administrative procedure, and may be brought against the same replacement of the powers of replacement to the same body which issued it within one month, to be counted from the day following that of the notification, or to be directly challenged in the judicial-administrative court order, in the form and time provided for in Law 29/1998, of July 13, regulatory of the Jurisdiction Administrative-administrative dispute.

Elapsed the maximum period established without having been given and notified, express resolution, will be understood to be dismissed the application, in accordance with the provisions of article 25.5 of Law 38/2003, of 17 November, without this exempts the legal obligation to resolve.

6. In any event, the grants awarded will be made public in the "Official State Gazette", in the terms set out in Article 18 of Law 38/2003, of 17 November and in Article 30 of the General Law on Grants.

Article 12. Payment of the grant.

1. The beneficiaries will have to prove, prior to the receipt of the grant, in accordance with the provisions of Article 34.5 of Law 38/2003 of 17 November and in Article 88.4 of the Regulation of the General Law on Subsidies, which they are aware of their tax and social security obligations, as well as the fulfilment of the obligations of reimbursement.

2. The payment of the grant shall be made in a bank account whose holder shall be the beneficiary or, where appropriate, his legal representative.

Article 13. Compatibility with other grants.

1. The grant of the grant shall be incompatible with the free enjoyment of the same benefit granted by public bodies or by social security.

2. The subsidies regulated in this order shall be compatible with the collection of other grants, aid, revenue or resources for the same purpose from any national or public authorities or entities of the Union. European or international organisations.

3. The amount of the grants awarded under no circumstances may be such that, in isolation or in competition with other grants, aid, revenue or resources for the same purpose, from any government or entity public or private, national, European Union or international bodies, exceeds the cost of the subsidised activity.

Article 14. Obligations of the beneficiaries.

1. The beneficiaries will be obliged to comply with the obligations which, as a general rule, points to Article 14 of Law 38/2003 of 17 November and those set out in the corresponding calls.

2. They will also be required to fulfil the following obligations:

(a) Carry out the activity which is based on the grant of the subsidy in the form, conditions and time limit laid down for each type of subsidy and in its absence, before 31 December of the year in which the subsidy was granted; grant or within the time limits which may be indicated in the calls for such an effect, without prejudice to the possibility of an extension authorisation.

(b) to justify to the authority the performance of the activity and the fulfilment of the purpose to determine the grant or the enjoyment of the grant.

(c) Submit to the verification, monitoring and inspection of the grant application, as well as to the financial control that the competent control bodies may carry out.

(d) Communicate, as soon as it is known, the granting body and, in any event, prior to the justification of the grant, the obtaining of other grants, aid, income or resources that finance the same purpose.

(e) Keep the supporting documents for the implementation of the funds received, as long as they can be the subject of the verification and control actions.

f) Proceed to the reimbursement of funds received in the cases referred to in Article 17 of this order.

g) To grant prior to the submission of the proposal for a concession resolution that is current in compliance with its tax obligations and in the face of social security.

Article 15. Justification of the expenditure.

The persons benefiting from the grants are required to justify the costs incurred in respect of the grants awarded, within one month from the date of the end of the period for the implementation of the the activity referred to in Article 14.2.a) of this order, in accordance with the provisions of the Regulation of the General Law on Subsidies, as well as the possible requirements on the justification of expenditure by the granting body of the grants, as follows:

(a) The justification for the subsidy shall be by means of a full invoice or a simplified invoice, where applicable, in accordance with the provisions of the invoicing Regulation, approved by Royal Decree 1619/2012 of 30 June 2000. November.

b) The invoice must contain:

Invoice number and, if applicable, string.

Place and date of issue.

Name, name, reason, or social name of both the consignor and the recipient. The recipient's first and last names are required on the full invoice.

Tax Identification Number attributed by the Tax Administration to the shipper. Recipient's Tax Identification Number, in the full invoice assumptions.

Domicile of both the obligation to issue the invoice and the recipient, on the full invoice.

Detailed description and unit price of the operation and its total consideration. The VAT and its corresponding quota shall be reflected in the invoice.

The date on which the operations are documented or where, where appropriate, the advance payment has been received, provided that the date is different from the issue of the invoice.

Article 16. Responsibility and sanctioning regime.

The persons benefiting from the subsidies referred to in this order will be subject to the responsibility and sanctioning regime which, in respect of administrative infringements in the field of subsidies, provides for Title IV of the Law 38/2003, of November 17 and the Regulation of the General Law of Grants. They shall also be subject to the provisions of Title IX of Law No 30/1992 of 26 November 1992 and of Royal Decree 1398/1993 of 4 August 1993 on the Rules of Procedure for the exercise of sanctioning powers.

Article 17. Reintegrating and non-compliances.

1. The sums collected and, where appropriate, the interest accrued on the subsidy, as well as the requirement of interest for late payment from the time of payment of the subsidy up to the date on which the subsidy is agreed, shall be recovered. the origin of the refund, in accordance with Articles 37 and 38 of Law 38/2003 of 17 November, in the following cases:

a) Obtaining the grant by distorting the conditions required to do so or by hiding those that would have prevented it.

(b) Failure to comply with the obligation to justify the grant or insufficient justification in the terms laid down in Article 30 of Law 38/2003 of 17 November. For these purposes, the existence of a remainder of the grant awarded not invested in the grant shall be deemed to be non-compliant, without justification.

(c) Failure to comply with the conditions imposed on the beneficiaries and the commitments made by them on the basis of the grant of the grant.

For these purposes, the application of the subsidy to concepts of expenditure other than those established in the grant of the grant, without authorisation from the granting body, shall be understood as non-compliance.

(d) Resistance, excuse, obstruction or refusal to the actions of financial control and verification provided for in Law 38/2003 of 17 November, and in Article 14 of this order.

2. The procedure for reimbursement shall be governed by the provisions of Articles 41 to 43 of Law 38/2003 of 17 November; Chapter II of Title III of the Regulation of the General Law on Subsidies; Title VI of Law 30/1992, November, as well as the provisions of this order, the following bodies being competent:

a) For their initiation, ordination and instruction, the Subdirectorate-General of Management of the Imserso, the grant instructor.

(b) For its resolution the person holding the General Directorate of the Imserso, the grant-giving body.

The declarative procedure for non-compliance and origin of the refund will be initiated by the Subdirectorate General of Management of the Imserso, once revised the supporting documentation of the grant expenditure and not found complete and compliant in whole or in part, or with the detection of any of the remaining causes of drawback.

It shall also proceed to the initiation of the procedure as a result of a higher order, of the reasoned request of other bodies having or not assigned powers of inspection in the matter, or of the formulation of a denunciation. It shall also be initiated as a result of the financial control report which may be carried out by the competent control bodies.

The processing of the procedure will ensure, in any case, the right of the person concerned to the hearing in the form set out in Article 97 of the Regulation of the General Law of Grants.

The maximum time limit for resolving and notifying the resolution of the refund procedure shall be 12 months from the date of the initiation agreement. That period may be suspended and extended in accordance with Article 42. 5 and 6 of Law 30/1992, of 26 November. If the time limit for resolving the case has elapsed without the express resolution being notified, the procedure shall be terminated, without prejudice to the continuation of the proceedings until the termination of the proceedings and without prejudice to the limitation of the actions carried out until the end of that period.

The declarations of non-compliance and of the origin of the refund shall end the administrative route, and may be brought against the same replacement appeal within one month, before the same organ as the or to be directly challenged in the context of the judicial-administrative court order, in the form and time limit laid down by Law 29/1998 of 13 July.

A decision shall be made declaring the proceedings terminated and the proceedings shall be closed if the person concerned voluntarily reintegrates the amounts whose application is incorrect and, where appropriate, the interests of the the relevant delay, and thus prove it at any time in the proceedings, before the grant body, before the declaration of the declaration of non-compliance and the source of the refund is given.

If the procedure has been initiated as a result of facts which may constitute an administrative infringement, they shall be brought to the attention of the competent body for the initiation of the relevant procedure. sanctioning.

3. Where compliance by the beneficiary person is closely approximated to the total compliance and is demonstrated by this action unequivocally to the satisfaction of its commitments, the amount to be reintegrated shall be determined, in response to the proportionality criterion, by the volume and degree of non-compliance with the conditions imposed for the grant of the grant.

4. The amounts to be reintegrated will have the consideration of income from public law, resulting in the application of the provisions of Law 47/2003, of November 26, General Budget.

In the calls for grants, publicity will be given to the means available to enable the recipient to make the voluntary return of the subsidy, in accordance with Article 90 of the Regulation. of the General Grant Law.

5. The interest of the applicable delay in the field of subsidies shall be the legal interest of the money increased by 25%, unless the General Budget Law of the State establishes a different one, in accordance with the provisions of the Article 38.2 of Law 38/2003 of 17 November.

6. As a general rule, any alteration of the conditions under consideration and, in any event, the concurrent obtaining of other contributions outside the cases of compatibility provided for in Article 13 of this order may give rise to the modification of the grant resolution.

Single repeal provision. Regulatory repeal.

1. Order TAS/1655/2007 of 1 June 2007 laying down the regulatory bases for the award of grants for persons with disabilities and the elderly is hereby repealed within the scope of the powers of the Institute of Social services, in the part that still remained in force relative to the state centers for persons with disabilities whose ownership corresponds to the Imserso.

2. All provisions of the same or lower rank are repealed as opposed to the provisions of this order.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.17. of the Constitution, which attributes exclusive competence to the State on the economic regime of Social Security.

Final disposition second. Extra duty.

As not provided for in this order, the provisions of Law 38/2003 of 17 November, General of Grants, in the Regulation of the General Law of Grants, approved by Royal Decree 887/2006, of 17 November, will be applied in this order. 21 July, and in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and any other provision of legislation which by its nature may be applicable.

Final disposition third. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 4 December 2015.-The Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.