Organic Law 1/2004, of 28 December, of Comprehensive Protection Measures against Gender Violence, in its article 27, establishes the right to receive financial assistance to women victims of gender-based violence. (a) to be placed at a certain level of income and in respect of which it is assumed that, due to their age, lack of general or specialised preparation and social circumstances, they will have particular difficulties in obtaining employment. This is a subjective right through which the said Organic Law ensures one of its guiding principles, set out in Article 2 (e), which is to guarantee economic rights for women victims of gender-based violence, with the aim of facilitate their social integration.

The recognition of this right will require accreditation by the victim of insufficient economic resources, located on income equal to or less than 75% of the inter-professional minimum wage, excluding the proportional to the extraordinary payments; and a report from the competent Public Employment Service which provides, on the basis of, and during the design of his/her personal career path, that his/her inclusion in the employment programmes specific to these victims, a forecast contained in the article 22 of the referred to Organic Law, will not substantially improve its employability.

This report, which is necessary for the recognition of this right, will be issued by the competent Public Employment Service with exceptional character and by the time the granting of the aid is processed, as they must be safeguarding the main objectives pursued by employment policy, one of which is to ensure adequate labour integration policies for those groups which have the greatest difficulties, guaranteeing them the implementation of policies active employment, which is, in turn, one of the aims of the National Employment System, Therefore, in the event of the disappearance or modification of the circumstances that make provision for the non-employability of the victim, the itinerary of professional insertion should be retaken.

The aid consists of a single payment which will be modulated according to the family responsibilities or the degree of disability of the victim or some of the relatives in charge, or both. The procedure for granting and paying the aid is for the relevant authorities in the field of social services and shall be financed from the general budget of the State.

The possibility of modulation of the amount of economic aid in the light of the above mentioned circumstances, as well as the need to make further concrete of the factors influencing the capacity of the Article 27 (1) of the Treaty on European Union, which provides for the adoption of a directive on the protection of the environment and the protection of the environment and the protection of the environment and the protection of the environment. the right to be recognised, leaving the exclusive powers of the Autonomous Communities to be establish the procedure for granting the aid.

In the elaboration of this royal decree, the autonomous communities and the cities of Ceuta and Melilla have been consulted, through the Women's Sectoral Conference, as well as the non-governmental organizations of women.

The report drawn up by the Economic and Social Council has also been taken into account.

For its part, the fourth final provision of Organic Law 1/2004, of 28 December, of Comprehensive Protection Measures against Gender Violence, enables the Government to make the necessary provisions for its application.

In its virtue, on the proposal of the Minister of Labor and Social Affairs, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its meeting on 2 December 2005,

D I S P O N G O:

Article 1. Object.

This royal decree is intended to regulate the economic aid provided for in Article 27 of the Organic Law 1/2004 of 28 December, of Comprehensive Protection Measures against Gender Violence, aimed at the victims of gender-based violence for which insufficient resources and special difficulties are encountered in order to obtain a job.

Article 2. Accreditation of the situation of gender-based violence.

The situations of gender-based violence that give rise to the recognition of the right to regulated economic aid in this royal decree will be credited with the protection order in favor of the victim. Exceptionally, the report of the Ministry of Public Prosecutor's Office, which indicates the existence of indications that the complainant is a victim of gender-based violence, will be accredited in this situation as the protection order is issued.

Article 3. Access requirements.

In order to benefit from the right to economic aid, the female victim of gender-based violence must meet, at the date of application for the aid, the following requirements:

(a) Rent of income that, in monthly computation, exceeds 75 percent of the current minimum interprofessional salary, excluding the proportional portion of two extraordinary pages.

b) Having special difficulties in obtaining a job, which will be credited through the Public Employment Service Report

Article 4. Determination of the income.

For the purposes of determining the requirement for a lack of income, only the income or income available to the applicant for the aid shall be taken into account, without the income or income of the aid being calculated as such. other members of the family unit who live with the victim.

If the aid applicant has family responsibilities, it will be understood that it meets the requirement of a lack of income when the monthly income of the family unit, divided by the number of members who make up, do not exceed 75% of the inter-professional minimum wage.

Any property, rights or income that the victim of gender-based violence arising from work, capital, furniture or real estate may have or may dispose of, including property, shall be considered as income or income. increases in assets, economic activities and those of a non-national nature, with the exception of the economic allocations of Social Security per child or child under the responsibility of the child. Income which may be deducted from the economic amount of the estate shall also be considered, applying to its value 50% of the legal interest rate of the money in force, with the exception of the home usually occupied by the victim. and of the goods whose income has been computed.

Rents that do not come from work and are collected at a higher frequency per month will be computed for these purposes by a monthly basis.

Article 5. The Public Employment Service Report.

The report of the competent Public Employment Service must state that the woman who has been applying for this aid, due to her age, lack of general or specialised preparation and social circumstances, is not going to improve substantial employability for their participation in the specific employment programmes established for their professional integration.

To this end, each of the factors mentioned in the previous paragraph and the joint incidence of the same in the capacity of professional insertion of the job will be assessed in the elaboration of the personal itinerary of job insertion. the victim and the improvement of their employability. In the assessment of age, it will take into account those ages of which the Public Employment Service, in accordance with its experience, can infer the difficulty of job insertion. As regards the circumstances relating to the general or specialised preparation of the victim, it will be considered, in essence, those cases of total lack of schooling or, where appropriate, functional illiteracy. In the assessment of social circumstances, they will be dealt with in relation to the situation of violence suffered and its impact on the participation or use of the programmes of integration, with the degree of disability recognised, as well as any others who, in the opinion of the competent Public Employment Service, may have an impact on the employability of the victim.

Article 6. Amount of the aid.

1. The amount of this aid shall be, in general, equivalent to that of six months ' unemployment allowance.

2. Where the victim of gender-based violence has family responsibilities, the amount of the aid shall be the equivalent of:

a) Twelve months of unemployment benefit, when the victim is in charge of a family member or child.

b) Eighteen months of unemployment benefit, when the victim is in charge of two or more family members or a family member and a child with a child.

3. Where the victim of gender-based violence has officially recognised a degree of disability equal to or greater than 33%, the amount of the aid shall be equivalent to:

a) Twelve months of unemployment benefit, when the victim has no family responsibilities.

b) Eighteen months of unemployment benefit, when the victim is in charge of a family member or child.

(c) Twenty-four months of unemployment benefit, where the victim is in charge of two or more family members or children, or a family member and a minor.

4. Where the victim of gender-based violence is dependent on a family member or child, who has officially recognised a disability equal to or greater than 33%, the amount of the aid shall be equivalent to:

a) Eighteen months of unemployment benefit, when the victim is in charge of a family member or child.

(b) Twenty-four months of unemployment benefit, where the victim is in charge of two or more family members or children, or a family member and a minor.

5. Where the victim of gender-based violence with family responsibilities or the family member or child with whom he/she lives is officially recognised as being in a disability equal to or greater than 65%, the amount of the aid shall be equal to 24 months of unemployment benefit.

6. Where the victim of gender-based violence and the family member or child with whom he or she is a member of the family have officially recognised a disability equal to or greater than 33%, the amount of the aid shall be equivalent to 24 months ' allowance. for unemployment.

Article 7. Family responsibilities.

For the purposes of this Royal Decree, there will be family responsibilities when the beneficiary has at least one family member, by consanguinity or affinity up to and including the second degree, with whom conviva. Family members with income of any kind in excess of the minimum inter-branch salary shall not be considered to be in charge, excluding the proportional share of two extraordinary pages.

Family responsibilities must be present at the time of the application, except in the case of daughters and children who are born within three hundred days. In this case, it will be possible to review the amount of the aid received in order to bring it into line with the amount which would have been paid to it if, at the date of the application, those responsibilities had been taken up.

It will be understood that there is coexistence when it is interrupted for reasons derived from the situation of gender-based violence.

There will be no need for coexistence when there is an obligation of food under a convention or a judicial resolution. Co-existence shall be presumed, unless proof to the contrary, where the family members are recognised as being beneficiaries of health care in the case of Social Security in the document which appears on behalf of the victim.

Article 8. Processing and payment of the aid.

1. Such aid shall be granted and paid in a single payment by the competent authorities in the field of social services, in accordance with its rules of procedure.

2. In the regulation of the concession procedure, the competent authorities in the field of social services shall ensure that all stages of the procedure are carried out with the utmost speed and simplicity of formalities.

Grant procedures will be accessible to people with disabilities in all their procedures.

3. The Ministry of Labour and Social Affairs shall reimburse the full amount of the aid to the Administration which made the payment, under the General Budget of the State, in accordance with the procedure to this effect. establish by means of the system of cooperation applicable to the relationship between that Ministry and such Administration.

Article 9. Causes of drawback.

The full refund of the amounts received shall be carried out, where the aid has been obtained without meeting the conditions required for granting it, or by distorting or concealing the facts or data which would have prevented it from being granted.

Additional disposition. Persons with disabilities.

For the purposes of this Royal Decree, they shall have the consideration of persons with disabilities as referred to in Article 1 (2) of Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination and universal accessibility for people with disabilities.

Final disposition first. Faculty of development.

The Minister of Labour and Social Affairs is empowered to dictate how many provisions are necessary for the development and implementation of the provisions of this Royal Decree.

Final disposition second. Entry into force.

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

Given in Madrid, on December 2, 2005.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JESUS CALDERA SANCHEZ-CAPTAIN