By agreement of the Council of Ministers of 7 November 2003 was approved the National Plan of scientific research, development and technological innovation (r & d) 2004-2007, in compliance with the provisions of the Act 13/1986, of April 14, promotion and coordination of scientific research and technical. In said Plan referred to the Ministry of labour and Social Affairs to participate, through the development of performances, in the financing of research projects related to persons with disabilities and older persons and for this purpose is included within the national programme of technologies for health and welfare, a specific designation under subprogramme of «assistive technology for persons with disabilities and older people».
The overall concept of assistive technologies is very wide and is related to generically everything that involves innovation at the service of integration and social normalization, personal autonomy, independence, health and quality of life of people in different situations of dependence and support needs.
In this context, scientific research, development and technological innovation (r & d) are erected in fundamental instruments not only for improving in absolute terms of well-being and full social participation and quality of life, but also to optimize the benefits derived from the resources that are used for this purpose. At the same time the development of enabling technologies and its exploitation in the market inside and outside allow refine social and economic benefits derived from r & d activities.
As a result it is necessary to ground circles subsidies intended for the technology subprogramme of support to people with disabilities and older persons, in accordance with provisions currently in the lines of the 2004-2007 Plan.
On the other hand, the National Plan of scientific research, development and technological innovation (r & d) 2004-2007 includes the national program of social, economic and legal sciences, which considers ageing as one of the aspects that have to be addressed in research projects to develop.
Aging and specifically dependence constitute a social phenomenon requiring a thorough investigation, not only from the point of view of medicine, but also from the perspective of the economics, social and legal, in order to facilitate the company instruments to deal with the problems, and to offer alternatives to use of the potential offered by this group of people and improve their quality of life.
To meet these ends, the Institute for the elderly and social services (IMSERSO) has included in its budget timely appropriations.
This order is issued on the basis of provisions of article 17 of law 38/2003 of 17 November, General grant, which provides that the relevant Ministers shall provide the appropriate regulatory bases of the concession in accordance with the procedure laid down in article 24 of the Law 50/1997, of 27 November , Government, legal services and the corresponding delegate intervention report and shall be subject to publication in the Official Gazette.
By virtue, prior report of the delegate Central legal service and Central Executive intervention in the IMSERSO, available: chapter I General provisions first. Subject to the rule.-this order establishes the regulatory bases of economic subsidies for projects of scientific research, development and technological innovation, in the framework of the National Plan of scientific research, development and technological innovation 2004-2007, the national subprogramme of support technologies to people with disabilities and older people, as well as the national programme of social sciences Economic and legal.
The second. Call-the call of subventions will be held by decision of the General Directorate of the IMSERSO, in accordance with the principles set out in article 8.3 of law 38/2003 of 17 November, General subsidies.
Third. Projects to subsidize-the projects to be financed by the IMSERSO will be related to support technologies to people with disabilities and older people, as well as aging and dependency, its effects social, economic and legal within the framework of the national programmes of r & d technologies of health and well-being and social sciences, economics and legal of the National Plan of r & d on materials that referred to in the annex to the present order.
The resolution of announcement as well as the required minimum content laid down in article 23 of the law 38/2003 of 17 November, General grants, will determine the contents and priorities as well as technical specifications that the projects must conform.
-Fourth. Period of execution-projects of scientific research, development and technological innovation which have been agreed may be in length covering the budget year in which publication of the resolution's call for these grants and the next.
1 may be beneficiaries of subsidies regulated in the present order physical and legal persons, if not concur in any of the circumstances provided for in article 13.2 of law 38/2003 of 17 November, General of subsidies, which meet the following requirements: to) entities that intended purpose research, scientific or technological, legal or statutory with its own legal personality and capacity to act sufficient.
(b) companies intending to carry out a research project, having its own legal personality and capacity to act sufficient.
(c) organizations of persons with disabilities or seniors, provided that they participate in consortium or group with one of the above entities or companies.
((d) natural persons integrated into the templates of the entities referred to in paragraph a), when present research projects through its agencies and as expert researchers responsible for the technical execution of them.
2. When is the beneficiary a legal person, the associated members of the, who undertake to carry out all or part of the activities that underlie the granting of the subsidy, on behalf and for the account of the first, shall also be regarded as beneficiaries.
Applicants may be submitted as individual beneficiaries except in the case referred to in subparagraph (c)) or in regime of consortium or group involving several beneficiaries.
In the latter case, it shall appoint a single representative of the group with powers or a representative enough to fulfil the obligations which beneficiary correspond to the group. You can not dissolve the grouping until expiry of the limitation period of four years in accordance with the provisions of articles 39 and 65 of law 38/2003 of 17 November, General subsidies.
3. the investigation shall be coordinated by a principal investigator who is responsible for the development of the proposed activities. In this case must be provided, from the documentation to submit together with the application, an agreement signed by the participants in the group, which collected the conditions that should govern research group and especially the implementation commitments made by each Member of the Group and the amount of the subsidy to be applied by each of them.
6th. Funding-funding of these grants will fall within budget expenditures and allocations of the IMSERSO with budgetary appropriations to be determined in the corresponding call. Subsidies may be granted on a multiannual basis, in which case it will condition the existence of credit in different annuities.
Chapter II procedure seventh. Formalization of requests-requests, addressed to the Director General of the Institute of the elderly and social services (IMSERSO), will be presented in the General Register of this Institute, Avenue of enlightenment, s/n, with return to Ginzo de Limia, 58, 28029 Madrid, or in any of the records and offices article 38.4 of law 30/1992 refers to 26 November, legal regime of public administrations and common administrative procedure.
Requests, which will accommodate the model approved by the resolution of call, shall submit the following documents: a) certified photocopy of the identity card of the applicant, and where appropriate, of the tax ID of the entity. In the case of grouping, photocopy authenticated card of identification of each one of the natural or legal persons that the Consortium. If you act by representation, power of Attorney in law awarded by the physical or legal person represented.
(b) certified copy of the statutes of the applicant, if any.
(c) applicants declaration stating to be justified, if necessary, enough economic subsidies received in advance of the IMSERSO.
(d) memory capacity and research experience of the applicant and the entity or entities which, where appropriate, form part of the group or consortium of research.
(e) explanatory technical report of the project for which requested the subsidy, adjusted to the model to be approved by the resolution of announcement, duly signed by the head of the same and by each of the entities which, in his case, form or go to form part of the group or consortium.
(f) agreement in which collected the conditions that will govern the group or consortium to form, where appropriate, for the implementation of the project.
(g) documentation that accredits, in the way established in the orders of the Ministry of economy and Finance of 28 April 1986 and 25 November 1987, that natural persons or legal participants are current in meeting their tax obligations and with Social Security, or if consent of the applicant to make such documentation is collected.
Regarding the circumstance of being current in the payment of the tax on economic activities, accreditation shall be made by filing the high, referring to the current period, or the latest receipt of the tax, completed with a statement responsible for there to be eliminated on the registration of the aforementioned tax.
Before the motion for a resolution of the granting of the subsidy, required so that within a period of not less than 15 days, these documents are presented.
In the case that the person is not required to submit statements or documents referred to in these regulations shall be credited these circumstances responsible for declaratively.
For the effective implementation of the rights recognized in article 35.c) of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, applicants will be accompanied by a copy of the original documents that provide, to ensure these immediately returned them by the registry offices, once such copy has been certified and attached to the request.
Octave. Deadline-call resolution will set the deadline for submission of applications and the same model.
Novena. Competent bodies for the planning, instruction, and resolution of the procedure.
1. the competent authority for the management and instruction of the procedure will be the General direction of the IMSERSO.
2 the body of instruction corresponds, in accordance with the provisions of article 24 of law 38/2003 of 17 November, General grant and in article 5 of the rules of procedure for the granting of public subsidies approved by the Royal Decree 2225 / 1993 of December 17 the following: to) perform nursing actions it considers necessary for the determination knowledge and verification of the data whereby the motion for a resolution should be.
(b) request how many reports it deems necessary to resolve or which are required by the rules governing subsidies.
(c) issuing a report stating that information that works in its possession shows that beneficiaries meet all the requirements for access to subsidies.
d) evacuate, if necessary, the procedure for hearing, pursuant to article 24.4 of law 38/2003 of 17 November, General subsidies. You can dispense with the hearing process when they do not appear in the procedure or are taken into account other facts or other allegations and evidence that the adduced by interested parties.
(e) the evaluation of requests made in accordance with the criteria, forms and assessment priorities established.
(f) develop, where appropriate, proposals for interim and final resolution.
3. shall constitute an evaluation Committee, which will consist of the following members: 3.1 President: El General Deputy Director of planning, management and evaluation of the IMSERSO.
3.2 Vice President: The Deputy Director-General of the management and planning of the General direction of coordination of sectoral policies on disability.
(3.3. vowels: to) a person of renown belonging to the scientific community in the field of older persons, appointed by the President.
(b) a person of renown belonging to the scientific community in the field of persons with disabilities, appointed by the President.
(c) a representative of the Ministry of labour and Social Affairs appointed by the Secretary of State for social services, families and disability.
(d) a representative of the national agency of evaluation and foresight (ANEP), designated by that authority.
(e) a representative of the Secretary of State for universities and research, appointed by the same.
An official of the IMSERSO, with voice but without vote, appointed by the President will act as Secretary of the Commission.
Operation you shall apply as provided to the organs members in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
In particular, no may be part of this Commission individuals listed as applicants or employees of any or some of the projects to evaluate.
When the President deems it necessary, may join the Commission, with voice but without vote, officials of the administrative units with competence in the matter that affect the evaluation.
The Evaluation Commission should issue report that is concrete the result of assessment carried out in accordance with the provisions of article 24 of law 38/2003 of 17 November, General grant.
4. the grant proposal will be formulated to the awarding body for the College through the organ instructor pursuant to article 22.1 of law 38/2003 of 17 November, General grant.
5. the Director-General of the IMSERSO will be the body responsible for the resolution of the procedure.
Tenth. Criteria for the evaluation of the projects-the award of subsidies, within the priorities established in the annex to this order, will be conditioned without possibility of extension, by the amount of global credit included in the corresponding budget concepts and the following assessment criteria: 1. referred to the activity of applicants and collected in the memory required at the disposal of the seventh subparagraph (d)) of this order (, up to 40 percent of the score: at) scientific significance to the realization of the project.
(b) carrying out activities of research, development and innovation in the field of technologies or the science social, economic or legal entities, where appropriate, assessing both their scientific level and the transfer of knowledge and results to public entities, companies or socio-economic sectors.
c) specializing in research, development and innovation related to the collective goes to that project.
(d) have a structure and sufficient capacity to carry out the project directly.
2 referred to the project and collected in memory required on the seventh provision, section e) this order, up to 60 percent of the score: at) scientific and technical quality and feasibility of the project.
(b) suitable and sufficient description of the problem it is intended to solve with an indication of the population affected by the project.
(c) adequate description of the background related to the subject matter of the project and with the subject matter.
(d) technical definition of the objectives, expected results, activities and tasks related to the proposal.
(e) innovative nature of the proposal, at least from a national perspective.
(f) it is that you are going to take into account the needs and expectations of the groups affected in different phases of the development of the project.
(g) adjustment of the technical means and the proposed timetable for the implementation of the project.
(h) effectiveness and efficiency of the proposal. Suitability of the budget to the expected results.
Eleventh. Determination of the subsidy-for the determination of the individual amount of the subsidy, the amount requested by recipients, the technical assessment of the projects, the number of projects funding set out in the call for each of the thematic content and the budgetary availability in each financial year shall be taken into account.
Twelfth. Motion for a resolution.
1. the organ instructor, in view of the record and of the report of the Evaluation Commission, will formulate provisional, duly motivated resolution. When the proposal is favourable, the beneficiary, within the period of ten calendar days, must communicate their acceptance.
2. when the amount of the accepted financing proposal is less than as set out in the application as filed, the beneficiary may reformulate the request, communicating the changes provided for in the College, within the period of ten calendar days.
In any case, the changes proposed in the reformulation of the application shall comply with the object, terms and purpose of the grant, as well as the nature of the final product. In case of detecting deviations from not admissible in the execution character, they shall be communicated to the beneficiary, and must reset the project to the initial conditions of approval.
3 examined the allegations pleaded in his case by the interested parties, be it formulated proposed final resolution.
1. in view of the proposal for a final decision, the Director-General of the IMSERSO will resolve the procedure. The resolution must be motivated, being accredited in the procedure principles adopted and the ratio of applicants who are granted the subsidy, being recorded, where applicable, expressly rejecting the rest of applications. The term maximum to resolve and to notify the resolution of the procedure may not exceed six months, counted from the date of publication of the corresponding call, except that it postpone its effects at a later date. If within this period had not notified the resolution, the application shall be rejected.
2. this resolution will put an end to the administrative procedure, and may file against the same optional replacement appeal with the Director-General of the IMSERSO in within a month, or you can be challenged directly before the contentious-administrative court order in the manner and deadline in the law governing that jurisdiction.
3. any alteration of the conditions taken into account for the granting of the subsidy, and in any case concurrent obtaining other grants, aid, income or resources for the same purpose, of any administration or entities public or private national, EU or international agencies, may give rise to the amendment of the resolution of granting.
Fourteenth. Publication.-without prejudice to the notification of the resolution and in order to ensure adequate dissemination, resolution of the call for proposals will be published in the «Official Gazette» and will be presented in the Bulletin Board of the central services of the IMSERSO (Avda. de la Ilustracion s/n, with return to Ginzo de Limia, 58; 28029 Madrid), including the full list of approved applications and the amount of the subsidies.
15th. Signing of agreements-the General Director of IMSERSO will require signing of agreement in the case of multi-year funding forecast.
Sixteenth. Scheme and payment of the subsidies.
1. the amount of the subsidies may not be of such an amount that separately or concurrently with other grants, subsidies, income or resources for the same purpose, from any administration or entities public or private national, EU or international organizations, exceeds the cost of the activity to be developed by the recipients.
The amount of subsidies will be in favour of the applicant body or in his case, the entity to which is attached the principal investigator by bank transfer for which must provide, between the documentation of the application, the Bank and current account in which the income of the amount granted must be.
The beneficiaries must prove, prior to the payment of the subsidy, are aware of their tax obligations and to Social Security. Also must have justified enough, if any, economic subsidies received in advance of the IMSERSO or the perception of other grants for the same purpose.
2 the advance payment of grants can be made. In this case the advance payment shall ensure through endorsement provided by authorized financial establishment to operate in Spain, or by any of the other procedures referred to in article 35.1 of the revised text of the law of contracts of the administrations public approved by Royal Legislative Decree 2/2000, of 16 June.
Chapter III justification and seventeenth liquidation. Susceptible to grant concepts.
1. in accordance with the provisions of article 31 of law 38/2003 of 17 November, General of subsidies, are considered eligible expenses, those who respond to the nature of the subsidised activity, and are carried out in the period established in the fourth provision of this order.
2 direct costs of the project: to) staff specifically dedicated to the project costs. They may only be subject to subsidy up to the amount of remuneration fixed by real working day for the relevant professional groups in the single collective agreement for the working staff of the General Administration of the State, published by resolution of the General Directorate of labour of November 24, 1998 (BOE of 1 December), unless by direct application of other conventions of the sector they correspond amounts above. In terms of research fellows, it will be its legal regime.
Fees may include wages, employer share of Social Security, and in general, all the defendants costs staff in the exercise of activities which are part of the execution of the approved actions.
(b) costs of materials inventory and bibliographic, including scientific and technical equipment for the implementation of the project, duly justified.
(c) consumables necessary for the development of the project.
(d) recruitment of field work or for any activity related to the collection of information.
(e) diets and travel costs arising exclusively from the execution of the project or action. They may be subject of grant in the amounts determined in the collective agreement only for the Personal work of the General Administration of the State, published by resolution of the General Directorate of labour of November 24, 1998 (BOE of 1 December), and should be understand remission which is done to the Royal Decree 236/1998, with its corresponding updates to the Group 2 of the Royal Decree 462/2002 24 may, given the above, unless by direct application of other conventions of the sector higher amounts correspond.
(f) other direct costs arising from the implementation of the project, duly substantiated, that have not been able to have fitted in the preceding paragraphs.
3 indirect costs: costs associated with the development of the project such as: water, electricity, heating, telephone, messaging, cleaning, security, etc.
Indirect costs shall be charged by the beneficiary proportionally compared to the rest of the activities that could be developed, in accordance with generally accepted accounting standards and principles, and insofar as such costs correspond to the period in which effectively performs the project.
Under no circumstances may exceed 10 per cent of the direct cost justified.
Eighteenth. Obligations of the beneficiaries-the acceptance by the beneficiaries of subsidies means the subject to the obligations arising from article 14 of law 38/2003 of 17 November, General subsidies.
The recipients of the grants, without prejudice to the specific obligations set out in this order, will be forced a: to) the activity which based the granting of the subsidy in the manner, conditions and deadlines for each project.
(b) deliver to the IMSERSO the result of research and transfer its use in the form to be determined taking into account the object of it, with the purpose of their initial dissemination, preserving the authors ownership and the rights that the applicable intellectual property legislation recognizes them.
(c) certify to the IMSERSO realization of the activity that gave rise to the approved grant, as well as compliance with the requirements and conditions governing the enjoyment of the same.
(d) subject to the actions of verification and inspection of the implementation of the grant, as well as the financial control that corresponds to the General intervention of the Social Security.
(e) retain the supporting documents for the application of the funds received, including the electronic documents, in your case, insofar as they may be subject to actions of verification and control in accordance with the provisions of the first twenty provision, paragraph 6.
(f) communicate to the IMSERSO immediately obtaining other grants, aid, income or resources that finance the subsidised activities.
(g) to put on record the funding of IMSERSO in its references to the subsidized projects, as well as the publication of the results arising from these projects.
(h) provide much information required them for the Court of Auditors.
(i) have a system of management and accounting records that will allow audit independently from the other activities of the company or entity revenues, expenses, charges and payments, arising from the project.
(j) reinvest, in the same research project, any interest earned on the grant received until the time of the expenditure or, if necessary, applies to compensate financial costs generated by loans granted for the activities of the project, from the moment of notification of the decision of granting to the recovery of the grant, without in any case, compensation for financial costs may exceed the cost derived from the legal interest of the existing money during the concerned period. Not apply the above assumptions possible interests, will be coming back.
(k) have carried out or, where appropriate, guaranteed returns of amounts granted and paid in previous calls and whose return has been demanded by previous Executive via claim, or by resolution of origin of reinstatement, unless the suspension it had agreed to act.
19th. Payment of the grant.-to proceed with the liquidation of the grant, the beneficiary must complete and contribute to the IMSERSO in the period of one month from the date of completion of the project: to) report justifying the project carried out under the terms established in the twenty available.
(b) supporting documentation of expenses.
Twenty. Report justifying-the recipients of grants must be submitted to the IMSERSO a report justifying of the application of subsidies granted and explanatory of the funded project.
Memory must contain, as a minimum, the following aspects: to) full name of the principal investigator and if participants from institutions that have formed part of the group if it's coordinated project.
(b) the name of the project.
(c) the period of performance.
(d) an economic overview: subsidized, state amount of liquidation, broken down by source of funding and spending concepts.
(e) the methodology or instruments used.
(f) the goals planned, quantified as far as possible.
(g) the results obtained from the project, quantified and valued as much as possible.
IMSERSO will propose the corresponding declaration on the success or failure of the project, attention to compliance or not the objectives.
Twenty first. Justification of costs and documentation.
1. the beneficiary shall justify the costs incurred in the execution of the project. To this end, it shall take into account provisions of article 31 of law 38/2003 of 17 November, General of subsidies as well as the relationship of eligible costs set out in the seventeenth of this order provision. In particular will be eligible expenditures in certain way respond to the nature of the subsidised activity, and which is carried out from January 1, corresponding to the period of publication of call resolution up to the date of completion of the project, which in any case, shall not exceed 31 December exercise or activities for which the grant was awarded.
2 in what refers to the staff costs will be as follows: to) when staff with contract labour, copy of the contract and signed receipts for payroll. Whether it's fellows, receipts received perceptions. In case the payment by bank transfer is made, the signature of the worker means replaced the proof of payment issued by the Bank.
(b) in the case of specific contracting services, copy of such contracts and invoices or documents of equivalent probative value valid in legal traffic corresponding to the service provided.
(c) justification for retention and income in the delegation of the State Agency for tax administration of the quantities corresponding to the tax on the income of physical persons and supporting of withholding and Social Security income: TC2 models of rates of contributions to Social Security in which will be properly identified to each worker participating in the project. Model 190 (annual summary of retentions corresponding to the tax on the income of physical persons), with sheets corresponding to the satisfied annual remuneration of persons that are charged to the project, properly identifying the participants in the same. Copies of the certificates of retentions delivered to workers for your personal income tax return, duly stamped and signed by the beneficiary will be accepted.
3. the costs are justified with bills and other documents of probative value, in original or photocopy authenticated prior public marking of the original, with sufficient detail to verify the proper application of the funds. These documents shall comply with the requirements established in the Royal Decree 1496 / 2003 of 28 November, which approves the regulation governing the obligations of billing.
When justification of costs by charge notes be admitted in accordance with generally accepted accounting standards, these must be accompanied with supporting documents that support their allegations or the expense.
4. the supporting documentation of costs incurred will be accompanied by a list of supporting documents for each object of expenditure authorized in the seventeenth provision of this standard, listed consecutively.
5. when the activities have been funded, in addition to with funding, with other grants, subsidies, income or resources for the same purpose, from any administration or entities, public or private, national, EU or international bodies, shall register in justifying the amount, source and application of funds to the subsidized activities.
6. the beneficiary of the grant will be required to retain supporting documents for the realization of activity based Award grant, as well as the application of funds received. The term is 4 years and will be calculated from the moment at that end of the set period to present the justification cited by the beneficiary. In the case of actions co-financed with Community funds, applies in this respect establishing Community rules.
Entities which, without having the period cited, decide to suspend its activity or dissolved, shall send copy of the cited documents to the competent body.
Twenty second. Monitoring and control-the IMSERSO will perform the monitoring and control of the subsidized projects, in order to check the development and verify compliance with the conditions and requirements set forth in this order and in the respective calls for proposals, without prejudice to the competencies of the General intervention of the Social Security and the Court of Auditors. Beneficiaries should facilitate such action of checking.
Twenty-third. Reinstatement procedure.
1. the recipients of grants under this call shall be subject to the penalties established for administrative offences in subsidy in law 38/2003 of 17 November, General grant.
To reimburse amounts shall be regarded as income from public law, resulting from application to your collection as provided in law 47/2003, of 26 November, General budget, in accordance with article 38.1 of the law 38/2003 of 17 November, General subsidies.
In accordance with article 37 of law 38/2003 of 17 November, of the General Law of grants will be the reinstatement of perceived quantities and the demand for the interest of delay from the moment of the payment of the subsidy, to date the origin you remember of the reinstatement, in the following cases (: a) obtaining the grant faking the conditions required to do so or hiding those that would have prevented it.
(b) total or partial breach of the realization of the project or the non-adoption of obligations that underlie the granting of the subsidy.
(c) breach of the obligation of justification or insufficient justification.
(d) breach of the obligation to take measures of broadcasting.
(e) resistance, excuse, obstruction or refusal to the actions of physical and financial control, as well as breach of obligations accounting, recordable or record-keeping when it arises the impossibility of verifying employment given the collected funds, the fulfilment of the objective, the reality and regularity of subsidized activities, or the concurrence of grants grants, income or resources for the same purpose, from any authorities or entities, public or private, national, EU or international organisations.
(f) failure to comply with the obligations imposed by the Administration to the beneficiaries, as well as the commitments they assumed at the time of the grant of the subsidy, provided that they affect or relate to the way they have of achieving the objectives, activity, project or adopt behaviour that supports the granting of the subsidy.
(g) failure to comply with the obligations imposed by the Administration to the beneficiaries, as well as commitments by these assumed, on the occasion of the granting of the subsidy, other than the above, when this arises the impossibility of verifying employment given the collected funds, the fulfillment of the objective, the reality and regularity of activities subsidized, or the concurrence of grants grants, income or resources for the same purpose, from any authorities or entities, public or private, national, EU or international organisations.
(h) in the other so-called breach the obligations set out in this order.
2. the procedure for reinstatement shall be governed by the provisions of article 41 and following of law 38/2003 of 17 November, General grant.
Declarative default and provenance of the reinstatement procedure will start automatically as a result of the initiative of the organising body, revised once documentation justifying expenditure of the grant and not found complete and compliant in whole or in part, or before the detection of any of the remaining causes of reinstatement.
Also proceed the self-initiation of the procedure as a result of a higher order, of the reasoned request from other bodies who have or not attributed powers of inspection in the field, or the formulation of a complaint, as well as as a result of the report issued by the General intervention of the Social Security financial control.
In any of the cases, the initiation of proceedings will precede the pre-trial of review or verification of the concurrence of the cause of initiation, a period not exceeding twenty days to rectify omissions or defects of the justification presented by the subsidized entities and can be enabled.
In the procedure shall be ensured, in any case, the right of the interested party to the hearing.
Declarative resolution of non-compliance and origin of the reinstatement, will dictate and notify interested parties by registered mail with acknowledgement of receipt or by any means that allows proof of receipt. It will put an end to the administrative procedure, can stand against the same optional appeal replenishment to the General direction of the IMSERSO within the period of one month from the day following the notification of the resolution, in accordance with provisions of articles 116.1 and 117.1 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure , either directly contentious resource in the period of two months counted from the day following the notification of the resolution, in accordance with article 46 of law 29/1998, of 13 July, regulating the contentious administrative jurisdiction.
The deadline to resolve and to notify the resolution of the reinstatement procedure shall be 12 months from the date of the agreement of initiation. That time limit may be suspended and expand as laid down in paragraphs 5 and 6 of article 42 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
The procedure will be declared completed and proceedings without further formality will be archived if the person concerned to re-validate all defects in the justification of expenses or voluntarily participated quantities whose application it appears incorrect, and thus confirm it to the convening authority at any time during the procedure until rendered declarative resolution of non-compliance and origin of the reinstatement.
If the procedure had commenced as a result of events that might consitute an administrative infraction, will be on knowledge of the body responsible for the initiation of the disciplinary procedure.
Issued once, in his case, declarative resolution of non-compliance and source of reimbursement, this shall be carried out as laid down in the Law 47/2003, of 26 November, General budget.
Twenty-fourth. Criteria of graduation of the possible non-compliance.-to determine the amount that has to perceive the beneficiary, or where applicable, the amount to reinstate, as a result of possible breaches in the conditions imposed at the time of the grant of the subsidy, will take into account the principle of proportionality in the application of the following criteria: a) the existence of intentionality in the breach.
(b) the repetition in your Commission within the previous 5 years.
(c) the nature of the damages.
(d) the seriousness of the breach.
Twenty fifth. Supplementary application-in matters not provided in this order, shall apply to the provisions in the law 38/2003, 17 November, General grant; in the Law 47/2003, of 26 November, General budget; in the regulation of the procedure for the granting of public subsidies, approved by Royal Decree 2225 / 1993, of 17 December, in what does not object to provisions in the law 38/2003, 17 November, General grant; in Act 13/1986, of 14 April, of promotion and General coordination of scientific research and technology; the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and in the other regulations that may apply.
Twenty-sixth. Faculty of development-is authorized to dictate to the Director-General of the IMSERSO, prior compliance with the arrangements that are mandatory, many provisions are necessary for the development and implementation of the provisions of the ministerial order.
Twenty-seventh. Entry into force-this order shall enter into force the day following its publication in the "Official Gazette".
Madrid, May 20, 2005.
BOILER SANCHEZ-CAPITAN annex contents thematic actions to develop the projects supporting the IMSERSO.
The thematic priorities of the projects of research and development are the following: to) national subprogramme of support technologies to people with disabilities and older people.
It includes the following headings, which for the most part are common for the improvement of the quality of life of people with disabilities and older persons.
A - 1) products and services for people with disabilities and older dependents.
(A - 2) assistive technology: technical AIDS for assessment, treatment and rehabilitation.
Technical AIDS for mobility and prosthetics.
Technical AIDS for persons with visual impairments.
Technical AIDS for hearing and communication.
Technical AIDS for personal autonomy and activities of daily living (ADLS).
A - 3) accessibility: accessibility to information and communication.
Urban accessibility and building.
Accessibility to the car and to the means of transport.
Accessibility in the work place.
A - 4) design for all.
B) national program of social, economic and legal sciences.
It is based on four lines of research which are the following: B-1) lines of research related to active ageing and the prevention of dependence.
1. healthy and active ageing. Foundations for a policy of health and specific quality of life for older persons.
2. definition of profiles of lifestyles that promote active ageing.
3 intervention strategies for the promotion of social participation of older persons.
4. Description, analysis and evaluation of intergenerational programmes currently being developed in Spain.
5. Description, analysis and evaluation of University programmes for seniors.
6. premature ageing of persons with disabilities.
B - 2) lines of research on the needs of people at risk or in a situation of dependency and proposals for interventions.
1 needs perceived by persons in situations of dependency on different systems support, and support for the promotion of autonomy.
2 needs and demands of people with dependencies prior to old age and their families.
3. evaluation of programmes of prevention and non-pharmacological treatments in Alzheimer's disease, memory.
4. social and health care of dependent individuals needs.
5. systems of integrated management of residences for elderly dependent care.
B - 3) lines of research on the influence of ageing on socio-economic aspects.
1 economy and seniors.
2. architecture for older people.
B - 4) lines of research on ageing-related methodological aspects.
1 development of synthetic indicators (dependence and quality of life...)