In accordance with articles 8.2.a) and 10.1 and Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Care of Persons in Dependency, the Territorial Council of the System for Autonomy and Care of the Unit, agreed at its meeting of 1 June 2010, the framework of inter-administrative cooperation and criteria for the distribution of credits of the General Administration of the State Self-Government, scheduled for 2010-2013,

Approved by the Council of Ministers, at its meeting of 9 July 2010, the Agreement for the formalization of the financial commitments resulting from the Agreement of the Territorial Council of the System for Autonomy and Care of the Unit regarding the criteria for the distribution of credits of the General Administration of the State for the financing of the economic services and benefits of the agreed level, provided for in Law 39/2006 of 14 December, of the Promotion of Personal Autonomy and to the present dependency,

Madrid, 15 July 2010. – The Director General of the Institute of Majorities and Social Services, Purification Causapié Lopesino.

Annex

Agreement approving the framework for inter-administrative cooperation and credit-sharing criteria of the General Administration of Eta for funding for 2010-2013 of the agreed level, provided for in Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Care of Persons in Situation of the Unit

I. Introduction

Article 8.2(a) of Law 39/2006 of 14 December on the Promotion of Personal Autonomy and Care of Persons in Situation of the Unit (hereinafter "the Law") states that, without prejudice to the powers of each of the member Public Administrations, it corresponds to the Territorial Council of SAAD, in addition to the functions expressly assigned to it by this Law, "accord the Framework of Interadministrative Cooperation for the Development of Article 10".

Article 10.1 also determines that "in the Territorial Council of the System for Autonomy and Care of the Unit, the General Administration of the State and the Autonomous Communities shall agree on the framework of inter-administrative cooperation to be developed through the corresponding Conventions between the General Administration of the State and each of the Autonomous Communities".

Article 32.3 states that "the conventions, which may be annual or multi-year, shall collect distribution criteria taking into account the dependent population, geographical dispersion, insularity, returning migrants and other factors, and may be reviewed by the parties."

In the first three years of the Act, the establishment of the criteria for the distribution of receivables at the agreed level has been carried out on a provisional basis and a limited duration to the current period.

As is preceptive, the criteria provided for in article 32 of the Act have been used: dependent population, geographical dispersal, insularity, returnees and other factors. However, in the absence of consolidated data reflecting in its integrity the management carried out by each of the Autonomous Communities, the estimates on the potentially dependent population of each Community have been weighted, together with the initial management data (valuations and evaluations of degree and level of dependence).

At present, it is already considered that data in the SAAD Information System (SISAAD) are a faithful reflection of the level of management carried out, so that the recognized benefits to beneficiaries, both services and economic benefits, must be considered as a determining factor for the financing of the system by the General Administration of the State at this level of protection, losing weight, therefore, the potentially dependent population.

On the other hand, the adoption of Law 22/2009 of 18 December, which regulates the financing system of the Autonomous Communities of the common system and Cities with the Statute of Autonomy and amends certain tax rules, comes to establish, within the framework of the Fund for the Guarantee of Basic Public Services, certain criteria regarding the weight of some variables, consistent with those provided for in the Law, such as the surface, the dispersion.

The General Budgets of the State – Social Security Budget – in the Budget of Expenditures of the Institute of Majorities and Social Services, provide for budgetary provisions for the financing of the agreed level of the System for Autonomy and Care of the Unit.

II. Multi-year credit distribution criteria

With these premises and the willingness to establish a multi-year distribution criteria, this Territorial Council agrees to establish three economic funds:

(a) General Fund, with 80 per cent of the total

(b) Compensation Fund, with 10% of the total

(c) Compliance Fund, with the remaining 10%.

(a) The General Fund, with 80 per cent of the total available, is intended, as is the other two funds, to contribute to the financing of the Unit ' s Autonomy and Care System.

The variables that modulate the content of this fund are related to the characteristics of the territory and to the management carried out by each Autonomous Community at a given date, taken as a reference for the whole.

Variables and weights of the General Fund

Potential dependent population: The distribution rate for this variable has been calculated from the distribution of the Spanish population by Autonomous Communities, weighting the population below 65 to 21.12%, the population between 65 and 79 years to 26.59 per cent and the population of 80 years and over 52.29 per cent. These weights correspond to the age distribution of dependency assessment applicants recorded as at 1 July 2010.

Source: Royal Decree 1918/2009 of 11 December declaring official population figures resulting from the revision of the municipal register as of 1 January 2009.

Area: Index calculated according to territorial area, in km²of each Autonomous Community published by the INE.

Source: National Statistical Institute. Statistical Yearbook of Spain. Data provided by the Directorate-General of the National Geographical Institute.

Dispersion: It has been calculated taking into account the number of singular entities in each Autonomous Community, according to the Municipal Register.

Source: National Statistical Institute. Nomenclátor. Population unit ratio.

Insularity: This index has been calculated according to the weighted distance to the coast, in kilometers.

Source: National Geographic Information Centre of the Ministry of Development.

Grade and level of dependency:

Index calculated from the resolutions signed with evaluation opinions of dependency situations.

Source: SAAD Information System (SISAAD).

Individual Care Programs: Index calculated on the basis of the signed resolutions of recognition of benefit, corresponding to records issued as grade III and grade II.

Source: SAAD Information System (SISAAD).

Recognition of recognized services: Index calculated from the signed resolutions on recognition of the delivery of the services of the Day/Night Centre, residential care, home aid or an economic benefit linked to a service, corresponding to records issued as grade III and grade II.

Source: SAAD Information System (SISAAD)

(b) The Compensation Fund aims to correct situations caused by a higher rate of returnee emigrants, a higher cost of services as well as a lower collection of co-payments, due to the lower purchasing power of beneficiaries, will be distributed as follows:

Variables and weights of the Compensation Fund:

Economic capacity: This index is a combined index, which puts indexes for available per capita income of households and the average amount of retirement pensions. Each of these indexes has been built to reflect an inverse proportionality between the average value of the rent or pension in each Autonomous Community and the resulting index:

a. Per capita income: Calculated according to the available gross income data of the households (per capita), of the Spanish Regional Accounting Base 2000, for 2007, weighted according to the potentially dependent population index.

Source: Per capita income: National Statistical Institute. Regional Accounting of Spain. Institutional approach. Household Income Accounts. 2000-2007 series.

b. Average retirement pension: Calculated according to the average contributory and non-contributory retirement pension data in February 2010, weighted according to the potentially dependent population over 65 years of age.

Source: MTAS Labor Statistics Bulletin.

c. Combined index: Calculated from the per capita income index and the average pension index. Both indices have been agreed, respectively, with the proportion they assume, in the applications registered in SISAAD, persons under 65 years of age (per capita income) and persons aged 65 or over (average retirement pension).

Cost of services: This index is obtained by weighting, depending on the population potentially dependent on each Community, which represents the actual time cost of the service sector relative to the average.

Weighted average 18,7548565.

Source: National Statistical Institute (INE), Quarterly Labour Cost Survey (ETCL). Base 2008. Total cost per hour in the service sector. Third quarter of 2009.

(*) In Ceuta and Melilla the national average is taken as a data.

Returned migrants: Index calculated according to the consular losses recorded in the years 2004 to 2008, distributed by Autonomous Community of destination, according to the data of the Yearbook of Labor Statistics and Social Affairs.

Source: Yearbook of Labor Statistics of MTAS.

(c) The Agreement Compliance Fund seeks to offset the higher cost resulting from the implementation of the agreements reached, such as the necessary training for non-professional caregivers and the transposition to the autonomous regulations of the different agreements that require this impact in the autonomous legislation. Its distribution will be:

Variables and weights of the Compliance Fund:

Training of non-professional caregivers. This index will be calculated from the number of economic benefits granted for care in the family environment at the date of reference for the rest of the data for the management work in SISAAD.

Source: SAAD Information System (SISAAD).

Transposition of the agreements of the Territorial Council to the autonomic norms: This index will be variable for each Community based on the number of agreements reached by the Territorial Council in each financial period and its effective transposition, if necessary, to the autonomous norms.

Annual application of distribution criteria:

1. Tables to be used will be updated in each financial period with the most current data available in the sources cited. Data from SISAAD will be published on 1 January of each year.

2. In the 2010 budget period, the information at SISAAD will be used on 1 July 2010.

3. The weights of each variable will remain constant with the following exception:

In the year 2011 the weight of the potentially dependent population will be reduced to 20%, increasing this percentage difference in the weight of the variable "Individual Care Programs".

In 2012 the reduction will reach 10%, and the percentage difference in "Individual Care Programs" will also increase.

In 2013 the reference to the potentially dependent population will disappear, increasing its percentage weight in "Individual Care Programs".

By 2014 and 2015 it will be necessary to ratify those existing in 2013 or agree on new distribution criteria.

4. The agreements of the Territorial Council that must be effectively transposed to the autonomous regulations in 2010 are as follows:

Agreement on the determination of the economic capacity of the beneficiary and on the criteria for the participation of the beneficiary in the benefits of the System for Autonomy and Care of the Unit

Agreement on common accreditation criteria for training and information of non-professional caregivers.

Agreement on bodies and procedures for assessing the situation of dependence.

5. The effective non-transposition will be taken into account in 2011 in the relevant section of the Compliance Fund. Similarly, the following exercises will be carried out.

III. Economic quantification resulting from the application of the credit distribution criteria for the year 2010

1. Agreed level of protection budget for 2010: €283,197,420 (budget implementation 31.34-451.2 of the IMSERSO budget).

2. Economic performance of the three planned funds:

General Fund (80 per cent): $226,557,936.

Compensation Fund (10%): €28,319,742.

Compliance Fund (10%): €28,319,742.

IV. Determination of the financial commitments of the General Administration of the State and the Autonomous Communities

1. Taking into account the provisions of the Royal Decree. 614/2007, of 11 May, on the minimum level of protection of the System for Autonomy and Attention to the Unit guaranteed by the General Administration of the State, modified by Royal Decree 99/2009 of 6 February, and the Royal Decree 373/2010 of 26 March, which determines the minimum level of protection guaranteed to the beneficiaries of the system for the autonomy and attention to the dependency for the year 2010, the amounts to be financed by the beneficiary and the month The settlement shall be carried out on a monthly basis, depending on the actual recognition of the right to benefits of the Act.

2. For the financing of the level of protection agreed under article 7 of the Act, in the 2010 budget period, the State Administration contributes to the financing of SAAD with a budget provision of €283,197,420 to be distributed in accordance with the above criteria.

3. The Autonomous Communities participating in the agreed level of protection will contribute to the financing of the Autonomy and Care System with an amount at least equal to that provided by the Government Administration for the minimum and agreed level.

4. The agreements with each of the Autonomous Communities shall determine the actions to be financed by the provisions of the agreed level of protection, in accordance with Article 10.4, and the application of the criteria of intensity of the services and the amounts of the economic benefits, agreed by the Territorial Council and approved by Royal Government Decree.

5. Payment shall be made as follows:

75 per cent within the month following the adoption of the present Framework for Inter-administrative Cooperation by the Council of Ministers, following a demonstration of will by the Autonomous Communities, to formalize with the General Administration of the State the agreement referred to in the above point, in the terms provided for in this agreement.

The remaining 25 per cent for signature of the agreement.

6. The rationale for the commitments arising from the cooperation agreement between the General Administration of the State and each of the Autonomous Communities, for the development of the Inter-Agency Cooperation Framework and for the financing of the minimum level of protection guaranteed by the General Administration of the State, shall be made after the end of the financial period and not later than 31 March of the following year, and in accordance with what is established for this purpose in the cooperation agreement.

Annex

Total distribution of credit at the agreed level