The National Institute of Social Services is created as an Entity for Social Security by Royal Decree Law 36/1978 of 16 November on the institutional management of social security, health and employment, for the Management of the supplementary services of the benefits of the Social Security system.

In compliance with the final disposition of the Royal Decree 1600/2004 of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs is developed, the restructuring of the Ministry of Labour and Social Affairs Institute-which is referred to as the Institute of Older and Social Services (IMSERSO)-, taking into account the powers that other administrative bodies of the Ministry of Labour and Social Affairs have assumed and those attributed to it in its new functional configuration, in which it assumes the competence of the department in the field of persons greater, except for the recognition and payment of contributory pensions, incorporating, among them, those resulting from the creation and operation of the system of protection for persons in a situation of dependency and development of policies and programmes in relation to the active ageing of the population, resulting from the Second World Assembly on Ageing held in Madrid and in application of the principles and measures of equal treatment set out in Chapter III of the Title II of Law 62/2003, of 30 December, of fiscal, administrative and administrative measures Council Directive 2000 /78/EC of 27 November 2000 on the establishment of a general framework for equal treatment in employment and occupation and 2000 /43/EC of the European Parliament and of the Council of 29 June 2000 on the establishment of a general framework for equal treatment in employment and occupation, on the application of the principle of equal treatment of persons irrespective of their racial or ethnic origin. The IMSERSO is also responsible for the management of social services complementary to the Social Security system and the management of plans, programs and services at the state level for the elderly and for people with dependency.

Likewise, this royal decree attributes to the IMSERSO the elaboration of proposals of basic regulations that guarantee the equality of the citizens and the development of policies of interterritorial social cohesion in relation to the subjects listed above.

The reform that is now being undertaken in this managing body must allow the management and administration of the entity to be carried out with the principles of simplification, rationality, cost economy, efficiency and coordination. that they must preside over the action of the Administration, set out in Article 103 of the Constitution, and rationalisation and non-duplicity in the management enshrined in Law 6/1997, of 14 April, of the Organization and the Functioning of the Administration State General.

In its virtue, at the initiative of the Minister of Labour and Social Affairs, on the proposal of the Ministers of Public Administrations and of Economic and Financial Affairs and after deliberation of the Council of Ministers at its meeting on October 2005,

D I S P O N G O:

Article 1. Name, nature and attributions.

1. The Institute of Older and Social Services (IMSERSO) is a Social Security Management Entity, attached to the Ministry of Labor and Social Affairs through the Secretary of State for Social Services, Families and Disability, with nature. of an entity governed by public law and legal capacity for the fulfilment of the purposes assigned to it under article 59.1 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 of June. The additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, shall apply to it in its capacity as a managing body.

2. The powers of the IMSERSO, which are based on Article 57.1 (c) of the aforementioned recast text and other general provisions, relate to the following matters:

(a) The management and monitoring of invalidity and retirement pensions in their non-contributory forms and in the form provided for in the additional 18th provision of the recast text.

b) The complementary services of the social security system.

(c) monitoring of the management of economic benefits under Law 13/1982 of 7 April on the social integration of the disabled, without prejudice to the direct management of these benefits in the cities of Ceuta and Melilla.

(d) The proposal for basic legislation guaranteeing the principles of equality and solidarity for the determination of the scales, for the purposes of recognition of the degree of disability.

e) The proposal and execution, if any, of the functions attributed to the Secretariat of State of Social Services, Families and Disability in article 9.1.a) of Royal Decree 1600/2004, of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs.

f) Promoting cooperation with organizations and entities that bring together the elderly.

g) The establishment and management of specialized care facilities or those assigned to them by special research objectives in the field of State action in the Institute's field of action.

h) The proposal, management and monitoring of state-wide social service plans in the areas of older people and dependent people.

i) Relations with foreign and international organizations and technical assistance to international cooperation programs in matters and collectives in their field of action.

3. These powers are attributed without prejudice to those assigned to other bodies of the Ministry of Labour and Social Affairs in Royal Decree 1600/2004 of 2 July, for which the basic organic structure of the Ministry of Labour is developed. and Social Affairs, in particular those relating to the monitoring and coordination of international relations which correspond to the General Secretariat of the Technical Secretariat and those of impetus and coordination in matters of disability and social services, which correspond to the Directorate-General for the Coordination of Sectoral Policies on Disability and to the Directorate-General for Social Services, respectively. The Secretariat of State for Social Services, Families and Disability will establish the coordination procedures between the IMSERSO and the Directorates-General for the Coordination of Sectoral Policies on Disability and Services. Social which, if any, proceed.

Article 2. Management bodies.

The Institute of Older and Social Services is structured in the following bodies:

(a) Participation in management control and surveillance:

1. The General Council.

2. The Executive Commission.

b) Address:

1. The General Address.

2. The General Secretariat.

3. The General Sub-direction of Planning, Planning, and Evaluation.

4. The General Management Subdirection.

5. The General Subdirectorate for Budgetary Analysis and Financial Management.

Article 3. The General Council.

1. The General Council shall be composed of the following members: 13 representatives of the most representative trade unions at the state level, in proportion to their representativeness, 13 representatives of the most representative business organisations at the State level and 13 representatives of the General Administration of the State.

Your President will be the head of the Secretariat of State for Social Services, Families and Disability, who will be one of the representatives of the General Administration of the State, and will appoint a Vice President among those members.

Will act as secretary, with voice but no vote, the Secretary General of the Institute of Older and Social Services.

2. They are General Council attributions:

a) Develop the lines of action of the Institute of Older and Social Services.

b) Develop the preliminary draft budget.

c) Approve the annual memory, for elevation to the Government.

3. The General Council shall operate in full and shall meet on a quarterly basis, as well as when convened by its President, on its own initiative or at the request of one-third of its members.

Article 4. The Executive Committee.

1. The Executive Committee shall be composed of nine members, three representing the trade unions, three representatives of the business organisations, all of whom are elected by and between the members of the General Council, and three representatives. representatives of the General Administration of the State.

His President will be the head of the General Directorate of the Institute of Older and Social Services, which will be one of the representatives of the General Administration of the State. He will act as secretary, with voice but no vote, the secretary of the General Council.

2. It is for the Executive Committee to monitor and monitor the implementation of the General Council agreements, as well as to propose how many measures it deems necessary for the best fulfilment of the aims of the Institute.

3. The Executive Committee shall meet each month, as well as when the Chair is convened, on its own initiative or at the request of one third of its members.

Article 5. The Directorate General.

1. The Directorate-General of the Institute shall assume the powers of planning, management, control and inspection of its activities for the fulfilment of its purposes.

2. The Director General of the Institute, who will exercise his legal representation, will be freely appointed and separated from his position by royal decree agreed upon in the Council of Ministers, on the proposal of the Minister of Labor and Social Affairs.

3. The Directorate-General is organically attached to the Intervention Delegate in the central and territorial services of the IMSERSO, without prejudice to its functional dependence on the General Intervention of the State Administration through the General Social Security Intervention.

4. The following units with organic level of general subdirection depend on the General Directorate:

a) The General Secretariat.

b) The General Planning, Planning, and Evaluation Subdirection.

c) The General Management Subdirection.

d) The General Subdirectorate for Budget and Financial Management Analysis.

5. In the case of vacancy, absence or illness, the Director General shall be temporarily replaced by the Secretary-General and, failing that, by the Deputy Directors-General in the order referred to in the previous paragraph.

Article 6. The General Secretariat.

Corresponds to the General Secretariat:

a) The coordination of the actions of the other Subdirectorates General.

b) The organisation of the entity's operational structure for the fulfilment of the tasks entrusted to it.

(c) The implementation of the human resources policy of the entity and, in general, all the functions inherent in the administration of personnel that are the responsibility of the Institute and the relationship with the union representation bodies.

d) The development of needs plans, of material resources of the central services, and the maintenance of their facilities and general services.

e) Managing the log and general file.

f) Support to the Institute's participation and representation bodies.

g) Information, communication with citizens, and external relations.

(h) The design, development and evaluation of the internal training programmes of the Institute's workers and specialised training for external professionals in the fields of the Institute's field of competence.

i) International cooperation and external action in the fields of the Institute's field of competence.

j) Managing the documentary funds and editing specialized publications.

k) The inspection of the Institute's own programmes, centres and services.

l) Any other functions attributed to the entity and not expressly conferred to other Subdirectorates General.

Article 7. The Planning, Planning, and Evaluation General Subdirection.

Corresponds to the General Planning, Planning, and Evaluation Subdirection:

a) The elaboration of normative proposals in matters of the Institute's competence.

b) The issuance of reports on national and international standards and projects with an impact on the area of elderly and dependent persons.

c) Regulatory management and simplification of administrative management procedures.

d) The management and management of cooperation and coordination actions with the autonomous communities and other entities, public and private.

e) Technical and legal support to the Institute's advisory bodies.

f) The elaboration, monitoring and evaluation of the services and services corresponding to the situation of dependency.

g) The elaboration, monitoring and evaluation of plans, programs and services aimed at older people and dependent people.

h) Administrative support and technical assistance to the State Council of Older Persons.

i) The follow-up and impetus of actions that, in relation to the entity, emanate from the Sectoral Conference of Social Affairs.

j) The elaboration, technical update and legal management of the scales for the qualification of disability and dependency, as well as the maintenance, monitoring and evaluation of the state database with the results of the assessment.

(k) The development and implementation of study and research, development and innovation (R & D + I) programmes in the field of older people, ageing and people in a situation of dependency.

l) The development and implementation of quality management models and systems for accreditation and evaluation of programmes, centres and services in the field of the Institute's competences.

Article 8. The General Management Subdirection.

Corresponds to the General Management Subdirection:

(a) The management and monitoring of invalidity and retirement pensions, in their non-contributory forms.

(b) monitoring of the management of economic benefits under Law 13/1982 of 7 April on the social integration of the disabled, without prejudice to the direct management of these benefits in the cities of Ceuta and Melilla.

(c) The implementation of the actions resulting from the character of the competent institution and liaison body in the European Social Security Regulations in the field of non-contributory benefits.

d) The maintenance, monitoring and evaluation of the technical file of non-contributory economic benefits.

e) The management of grants from the general scheme in the Institute's field of action.

(f) The management, control and monitoring of the centres of state competence for the attention of the elderly and of the recovery and rehabilitation centres (CRMF) and of care for severely affected physical disabled (CAMF) of the Social Security system.

g) The management, control and monitoring of state reference centers.

h) The management, control and monitoring of concerted programs for care for older people and dependent people.

i) The management of state holiday and thermalism programs for the elderly.

j) The management of the state program of technical and accessibility capabilities.

k) The management of programs and services complementary to the benefits of the Social Security system.

Article 9. The General Subdirectorate for Budget and Financial Management Analysis.

Corresponds to the Financial Management and Budget Analysis General Subdirection:

a) The elaboration, management and monitoring of the budget and the analysis of the cost of the services.

b) The preparation of the documentation for referral to the Court of Auditors and other higher economic and budgetary control bodies.

c) The economic processing and documentary justification of Community grants, conventions and funds.

d) Financial management.

e) The control and monitoring of the credits allocated to the services and services corresponding to the situation of dependency.

f) The management and monitoring of the Institute's investment plan.

g) Managing administrative procurement.

h) The management of the assets assigned to the entity and the maintenance of the inventory of movable and immovable property.

i) The management of the infrastructure of the information and communication systems that require the different administrative centers and units.

Article 10. Territorial structure.

The management of the benefits and the social services programmes attributed to the Institute of Older and Social Services will be carried out through the Territorial Directorates of Ceuta and Melilla and the competition centres. state.

Article 11. Territorial Executive Committees.

1. The Territorial Executive Committees of Ceuta and Melilla will be composed of nine members: three representing the most representative trade unions, three representatives of the most representative business organisations and three representatives. representatives of the General Administration of the State.

Your President will be the Government Delegate, or Government Delegation official in whom you delegate, and your Vice President, the Territorial Director of the Institute of Older and Social Services in the Cities of Ceuta and Melilla; both shall be representatives of the General Administration of the State.

He will act as secretary, with voice but no vote, an official of the Territorial Directorate appointed by the Director General of the Institute, on a proposal from the president of the Executive Committee.

2. It is up to these Territorial Executive Committees to monitor and monitor the implementation, in their territorial scope, of the agreements of the General Council, as well as to propose how many measures, plans and programmes are necessary for the improvement of the of these in their scope.

3. The Territorial Executive Committees shall meet monthly.

Additional disposition first. Directorate General for Social Inclusion.

The Directorate-General for Social Services and Dependence, attached to the Secretariat of State for Social Services, Families and Disability, becomes known as the Directorate-General for Social Inclusion.

Additional provision second. No increase in public spending.

The implementation of this royal decree will be done without increased operational expenditure of the respective management bodies and will not increase public expenditure.

Single transient arrangement. Units and jobs with lower organic level than general sub-direction.

Units and jobs with a lower organic level than a general sub-directorate will continue to remain and will be paid from the same budgetary appropriations until the employment relationship is approved. adapted to the organic structure of this royal decree. Such adaptation, in no case, may lead to increased public expenditure.

The units and jobs affected by this royal decree will be provisionally attached, by means of a resolution of the Undersecretary of the Ministry of Labour and Social Affairs, until the new relationship of jobs, to the bodies regulated in this royal decree, according to the attributions they have assigned to them.

Single repeal provision. Regulatory repeal.

The provisions of the same and lower rank are repealed in that they object to the provisions of this royal decree and, in particular, the Royal Decree 238/2002, of March 1, of organic structure and functions of the Institute of Migrations and Social Services.

Final disposition first. Development and execution faculties.

The Minister of Labor and Social Affairs is empowered to adopt the necessary measures for the development and execution of this royal decree, prior to the appropriate legal procedures.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 13, 2005.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ