Advanced Search

Order Tas/1588/2005, Of May 20, In The Framework Of The National Plan Of Scientific Research, Development And Technological Innovation (2004-2007), Establishing The Regulatory Bases Of The Granting Of Subsidies For The Realization Of...

Original Language Title: ORDEN TAS/1588/2005, de 20 de mayo, por la que en el marco del Plan Nacional de Investigación Científica, Desarrollo e Innovación Tecnológica (2004-2007), se establecen las bases reguladoras de la concesión de subvenciones para la realización de...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The National Plan for Scientific Research, Development and Technological Innovation (R + D + I) 2004-2007 was approved by the Council of Ministers on 7 November 2003, in compliance with the provisions of Law 13/1986 of 14 April, for the Promotion and Coordination of Scientific and Technical Research. This Plan provides for the Ministry of Labour and Social Affairs to participate, through the development of actions, in the financing of research projects related to persons with disabilities and older persons and to such This includes, within the National Programme of Technologies for Health and Welfare, a specific Subprogramme under the name "Technologies of support for people with disabilities and older people". The global concept of support technologies is very broad and is related in a generic way with everything that represents innovation in the service of integration and social normalization, personal autonomy, independence, health and quality of life of people. in different situations of dependency and support needs. In this context, scientific research, development and technological innovation (R & D + I) are built on fundamental instruments not only for the improvement in absolute terms of well-being and full social participation and quality of life, but also to optimize the social benefits that are derived from the resources used for this purpose. At the same time, the development of support technologies and their exploitation in the internal and external market make it possible to maintain the social and economic benefits arising from R & D + I activities. As a result, it is necessary to provide for grants to be allocated to the Support Technologies Sub-programme for people with disabilities and older persons, as currently provided for in the lines of the 2004-2007 Plan. In addition, the National Plan for Scientific Research, Development and Technological Innovation (I + D + I) 2004-2007 includes the National Program of Social, Economic and Legal Sciences, which contemplates aging as one of the aspects which need to be addressed in the research projects to be developed. Ageing and in a specific way dependence are one of the social phenomena which require a thorough investigation, not only from the point of view of medicine, but also from the perspective of the social sciences, economic and legal, in order to make it easier for the society to deal with the problems that it entails, and to offer alternatives to take advantage of the potential that this group of people offers and to improve its quality of life. In order to meet these goals, the Institute of Older and Social Services (IMSERSO) has entered in its budget of expenditure the appropriate appropriations. This Order is dictated by the provisions of Article 17 of Law 38/2003 of 17 November, General of Grants, in which it is available that the corresponding Ministers will establish the appropriate regulatory bases of the concession in accordance with the procedure laid down in Article 24 of Law 50/1997 of 27 November 1997, of the Government, prior to the report of the Legal Services and the corresponding Delegated Intervention, and shall be published in the Official Journal of the State. In its virtue, prior to the report of the Central Delegate Legal Service and the Central Delegate Intervention in the IMSERSO, I have:

CHAPTER I

General provisions

First. This order establishes the regulatory bases for the granting of economic grants for the implementation of scientific research, development and technological innovation projects, in the framework of the National Plan of Scientific Research, Development and Technological Innovation 2004-2007, National Program of Support Technologies for people with disabilities and older people, as well as the National Program of Social, Economic and Legal Sciences. Second. Call for grants. The call for grants will be carried out through the resolution of the IMSERSO General Directorate, in accordance with the principles set out in Article 8.3 of Law 38/2003 of 17 November, General of Grants. Third. Projects to be supported. -Projects to be financed by the IMSERSO will be related to the technologies of support to people with disabilities and elderly people, as well as with aging and dependence, its social, economic and In the framework of the National R & D + I Programmes of Health and Welfare and Social, Economic and Legal Sciences of the National R & D + I Plan on the subjects referred to in the Annex to this Order. The call resolution, in addition to the minimum required content set out in Article 23 of Law 38/2003 of 17 November, General of Grants, will determine the contents and priorities as well as the technical specifications to which the projects must be adjusted. Fourth. Period of implementation.-The scientific research, development and technological innovation projects to be subscribed may have a duration covering the financial year in which the decision to call them is published. grants and the next. Fifth. Beneficiaries.

1. Natural and legal persons may be beneficiaries of the grants provided for in this Order, provided that they do not make any of the circumstances provided for in Article 13.2 of Law 38/2003 of 17 November 2001. Grants, which meet the following requirements: (a) Entities that have a research, scientific or technological, legal or statutory purpose, with their own legal personality and ability to act sufficient.

b) Companies intending to carry out a research project, having their own legal personality and ability to act sufficiently. (c) organisations of persons with disabilities or older persons, provided that they participate in a 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 they submit research projects through their bodies and as research experts responsible for the scientific-technical implementation of the "

2. Where the beneficiary is a legal person, the associated members of the legal person, who undertake to carry out all or part of the activities supporting the grant of the grant, in the name and on behalf of the former, shall also have the consideration of beneficiaries.

Applicants may be presented as individual beneficiaries except in the case referred to in paragraph (c) or in a consortium or group scheme involving several beneficiaries. In the latter case, a single representative or proxy of the grouping shall be appointed with sufficient powers to fulfil the obligations which, as a beneficiary, correspond to the grouping. The grouping may not be dissolved until the limitation period of 4 years has elapsed in accordance with Articles 39 and 65 of Law 38/2003 of 17 November, General of Subventions. 3. The research should be coordinated by a principal investigator who will be responsible for the development of the proposed activities. In this case, a pre-agreement signed by the participants in the group, in which the conditions under which the research group is to be governed, should be provided, among the documents to be presented together with the application. the implementing commitments made by each member of the group and the amount of the grant to be applied by each member.

Sixth. Financing. The financing of these grants shall be charged to the budget of expenditure and appropriations of the IMSERSO under the budget appropriations to be determined in the corresponding call. Grants may be awarded on a multiannual basis, in which case the existence of credit shall be conditional on the various annuities.

CHAPTER II

Procedure

Seventh. Application formalization. -Applications, addressed to the Director General of the Institute of Older and Social Services (IMSERSO), will be presented in the General Register of this Institute, Avda. of the Enlightenment, s/n, with return to Ginzo of Limia, 58, 28029 Madrid, or in any of the registers and offices referred to in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. Applications, which will be accommodated to the model approving the call resolution, must accompany the following documentation:

(a) Certified photocopy of the identity card of the applicant, and if applicable, of the entity's NIF. In the case of a grouping, a certified photocopy of the Tax Identification Card of each of the natural or legal persons that integrates the consortium. If it is acted by representation, it can be quite in law granted by the natural or legal person represented.

b) A certified photocopy of the applicant's statutes, if any. (c) a statement of the applicants stating that they have justified, where appropriate, sufficiently the economic grants received prior to the IMSERSO. (d) Memory of the research capacity and experience of the applicant and of the entity or entities which, where appropriate, are part of the research group or consortium. (e) the explanatory technical report of the project for which the grant is requested, adjusted to the model to be approved by the call resolution, duly signed by the person responsible for the call and by each of the entities which, if appropriate, form or become part of the group or consortium. (f) Preagreement in which the conditions under which the group or consortium is to be governed are laid down for the implementation of the project. (g) Documentation showing, in the form set out in the Orders of the Ministry of Economic Affairs and Finance of 28 April 1986 and 25 November 1987, that the natural or legal persons involved are aware of the of their tax and social security obligations, or, in their case, the express consent of the applicant for such documentation to be collected. With regard to the fact that the tax on economic activities is payable, its accreditation shall be carried out by means of the presentation of the discharge, referred to the current financial year, or of the last receipt of the tax, supplemented by a statement responsible for not having been discharged from the register of the said tax.

Before making the proposal for a resolution of the grant of the grant, it will be required that within a period of not less than 15 days, these documents will be submitted.

In the event that the person is not required to file the declarations or documents referred to in those regulatory standards, these circumstances shall be credited by a responsible declaration. For the effective enforcement of the rights recognized in Article 35.c) of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, the applicants shall accompany a copy of the the original documents which they provide, in order to ensure that they are immediately returned to them by the registration offices, once that copy has been certified and linked to the corresponding application. Eighth. Time limit for submission. The decision to call shall set the time limit for the submission of applications and the model for applications. Ninth. Competent bodies for the management, instruction and resolution of the procedure.

1. The authority responsible for the management and instruction of the procedure shall be the IMSERSO Directorate-General.

2. In accordance with Article 24 of Law 38/2003 of 17 November, General of Subsidies, and Article 5 of the Rules of Procedure for the granting of public subsidies, it is for the authority of the approved by Royal Decree 2225/1993 of 17 December 1993:

(a) Make as many actions as it deems necessary for the determination, knowledge and verification of the data under which the motion for a resolution should be formulated.

b) Request as many reports as they deem necessary to resolve or be required by the rules governing grants. (c) to issue a report stating that the information in its possession shows that the beneficiaries fulfil all the necessary conditions for access to the grants. (d) to evacuate, where appropriate, the hearing procedure, in accordance with the provisions of Article 24 (4) of Law 38/2003 of 17 November, General of Grants. Proceedings may be waived where they are not included in the proceedings and other facts or other arguments and evidence which are adduced by the parties concerned are not taken into account. (e) The assessment of the applications made in accordance with the criteria, forms and priorities of assessment established. (f) to formulate, where appropriate, the proposals for a provisional and final resolution.

3. An Evaluation Commission shall be set up, consisting of the following members:

3.1 President: The Assistant Director General for Planning, Planning and Evaluation of the IMSERSO.

3.2. Vice-President: The Deputy Director-General for Planning and Planning of the Directorate-General for the Coordination of Sectoral Policies on Disability. 3.3. Vowels:

a) A person of recognized prestige belonging to the scientific community in the field of the elderly, appointed by the president.

b) A person of recognized prestige 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 Assessment and Prospective Agency (ANEP), designated by that body. (e) A representative of the Secretariat of State of Universities and Research, designated by the Secretariat.

Will act as secretary of the Commission an official of the IMSERSO, with a voice but no vote, appointed by the president.

In its operation, the provisions of Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure will apply to the collegiate bodies. Joint Administrative. In particular, those persons who appear as applicants or collaborators of some or some of the projects to be evaluated may not be part of this Commission. Where the President considers it necessary, officials of the administrative units with competence in the matter to which the assessment is concerned may be incorporated into the Commission, with a voice but without a vote. It is up to the Evaluation Committee to issue a report setting out the results of the assessment carried out in accordance with Article 24 of Law 38/2003 of 17 November, General of Grants.

4. The concession proposal shall be made to the entity by the collegiate body through the instructor body as provided for in Article 22.1 of Law 38/2003 of 17 November, General of Grants.

5. The Director-General of IMSERSO shall be the body responsible for the resolution of the procedure.

10th. Criteria for the assessment of projects. The award of grants, within the priorities set out in the Annex to this order, shall be conditional on the amount of the total amount of the overall credit entered in the corresponding budgetary concepts and the following assessment criteria:

1. Referring to the activity of the applicants and collected in the memory required in the seventh paragraph d) of this order, up to 40 percent of the score: a) Scientific relevance for the realization of the project.

(b) Realization of research, development and innovation activities in the field of technologies or in the field of social, economic or legal sciences, where appropriate, assessing both their scientific level and the transfer of knowledge and results to public entities, companies or socio-economic sectors. c) Specialization in research, development and innovation related to the collective to which the project is directed. (d) Dispose of a sufficient structure and capacity to carry out the project directly.

2. Referring to the project and collected in the memory required in the seventh paragraph and) of this order, up to 60 percent of the score: a) Scientific-technical quality and feasibility of the project.

b) Adequate and sufficient description of the problem to be solved with indication of the population affected by the project. (c) an appropriate description of the background related to the project and the object of the project. d) Technical definition of the objectives, expected results, activities and tasks related to the proposal. (e) The new nature of the proposal, at least from the national perspective. f) The way in which the needs and expectations of the affected groups will be taken into account in the different phases of project development. g) Adequation of the technical means and schedule proposed for the execution of the project. h) Efficiency and efficiency of the proposal. Adequacy of the planned budget to the expected results.

11th. Determination of the grant. -For the determination of the individual amount of the grant, account will be taken of the amount requested by the beneficiaries, the technical valuation of the projects, the number of projects to be financed set out in the call for each thematic content and budget availability for each financial year.

12th. Motion for a resolution.

1. The instructor, in the light of the dossier and of the report of the Evaluation Committee, shall make a proposal for a provisional, duly substantiated, resolution. Where the proposal is favourable, the beneficiary shall, within 10 calendar days, communicate its acceptance.

2. Where the amount of the proposed financing proposal is lower than the amount in the application submitted, the beneficiary may reformulate the application, communicating the proposed amendments to the collegiate body within 10 days. natural. In any event, the changes proposed in the reformulation of the application must respect the object, conditions and purpose of the grant, as well as the nature of the final product. If deviations of a non-permissible character are detected in the execution, the same shall be communicated to the beneficiary, the project being readjusted to the initial approval conditions. 3. The arguments put forward by the parties concerned shall be proposed for a final decision.

13th. Resolution.

1. In the light of the proposal for a final resolution, the Director-General of IMSERSO will decide the procedure. The decision must be reasoned, the basis for which it adopts and the ratio of applicants to which the subsidy is granted are established in the proceedings, and, if appropriate, state the rejection of the rest of the applications. The maximum period for resolving and notifying the decision of the procedure may not exceed six months from the date of publication of the relevant call, unless the latter has postponed its effects to a later date. If that time limit has not been notified, the application shall be deemed to be rejected.

2. This decision shall terminate the administrative procedure, and may bring proceedings against the Director-General of the IMSERSO against the same powers of replacement within a period of one month, or be directly challenged in the court order. administrative-administrative in the form and time limit laid down in the law governing that jurisdiction. 3. Any alteration of the conditions under consideration for the grant of the grant, and in any event the concurrent obtaining of other grants, aids, income or resources for the same purpose, coming from any Administration or (a) national public or private authorities, the European Union or international bodies may give rise to the amendment of the granting decision.

Fourteenth. Publication.-Without prejudice to the notification of the decision and in order to ensure adequate dissemination, the decision of the notice will be published in the "Official Gazette of the State" and will be displayed in the bulletin board of the Services The IMSERSO (Avda. of the Enlightenment s/n, with return to Ginzo de Limia, 58; 28029 Madrid), including the full list of approved applications and the amount of grants awarded.

15th. Subscription of agreements.-The Director General of the IMSERSO will require subscription in the event of a multi-annual financing forecast. Sixteenth. Scheme and payment of subsidies.

1. The amount of the grants awarded may not be such that, in isolation or in competition with other grants, aid, revenue or resources for the same purpose, from any public or private administration or authorities national, European Union or international bodies, exceeds the cost of the activity to be carried out by the recipient (s).

The amount of the grants shall be paid to the requesting entity or, where applicable, to the entity to which the principal investigator is assigned by bank transfer for which they shall contribute, between documentation of the application, the bank account and the current account in which the amount granted is to be entered. The beneficiaries will have to prove, in advance of the grant, that they are aware of their tax and social security obligations. They shall also have sufficiently justified, where appropriate, the economic grants received prior to the IMSERSO or the collection of other grants for the same purpose. 2. The advance payment of the grants may be made. In this case the advance payments shall be guaranteed by means of a guarantee provided by financial establishment authorized to operate in Spain, or by any of the other procedures referred to in Article 35.1 of the Recast Text of the Law of Contracts of the Public Administrations approved by the Royal Legislative Decree 2/2000, of June 16.

CHAPTER III

Justification and liquidation

seventeenth. Concepts eligible for subsidy.

1. In accordance with Article 31 of Law 38/2003 of 17 November, General Grants, are considered eligible expenses, those that respond to the nature of the subsidised activity, and are carried out in the period established in the fourth provision of this Order.

2. Project direct costs:

a) Personnel expenses specifically dedicated to the project. Only the amount of the remuneration fixed per day of work for the corresponding professional groups in the Single Collective Agreement for the Employment Staff of the General Administration of the General Administration of the European Union may be awarded. State, published by the Resolution of the Directorate-General for Work of 24 November 1998 (BOE of 1 December 1998), except that by direct application of other agreements of the sector, they correspond to higher amounts. As far as research fellows are concerned, they will be in their legal status.

The remuneration may include salaries, employer's share of the Social Security, and in general all the costs charged to the staff in the exercise of the activities that are part of the execution of the approved actions. b) Expenses of inventorable and bibliographic material, including scientific and technical equipment for the implementation of the project, duly justified. c) Fungible material needed for the development of the project. (d) Contracting of field work or for any activity related to the collection of information. (e) Diets and travel expenses resulting exclusively from the execution of the project or action. They may be the subject of a grant in the amounts determined in the Single Collective Agreement for Labour Personnel of the General Administration of the State, published by Resolution of the Directorate-General for Work of 24 November 1998 (BOE of 1). In December), it is necessary to understand the reference made to Royal Decree 236/1998, with its corresponding updates referred to group 2 of Royal Decree 462/2002, of 24 May, which grants the previous one, except that by direct application of others The industry's agreements have a higher level. (f) Other direct expenditure resulting from the implementation of the project, duly justified, which could not have been included in the previous paragraphs.

3. Indirect costs: Expenditure associated with the development of the project such as: water, electricity, heating, telephone, courier, cleaning, security, etc.

The indirect costs will be charged by the beneficiary in proportion to the rest of the activities it could carry out, in accordance with generally accepted accounting principles and standards, and to the extent that These costs correspond to the period in which the project is actually carried out. In no case shall they exceed 10% of the direct expenditure justified.

Eighteenth. Obligations of the beneficiaries. The acceptance by the beneficiaries of the grants implies the subjection to the obligations arising from Article 14 of Law 38/2003, of 17 November, General of Grants.

The recipients of the grants, without prejudice to the specific obligations set out in this order, shall be obliged to:

(a) To carry out the activity that was founded on the grant of the grant in the form, conditions and deadlines established for each project.

b) Deliver to the IMSERSO the result of the investigation and assign its use in the form determined taking into account the object of the same, with the purpose of its initial dissemination, preserving the authors the ownership and the rights which are recognised by the law on intellectual property. (c) Credit to the IMSERSO the performance of the activity that gave rise to the approved grant, as well as the fulfilment of the requirements and conditions that determine the enjoyment of the same. (d) Submit to the verification and inspection of the grant application, as well as the financial control corresponding to the General Intervention of Social Security. (e) to keep documents supporting the application of the funds received, including electronic documents, where appropriate, as long as they may be the subject of checks and inspections in accordance with the provisions of the The first paragraph 6. (f) Communicate to IMSERSO immediately the obtaining of other grants, aid, income or resources to finance the activities supported. (g) To record the funding of the IMSERSO in its references to the projects supported, as well as in the publication of the results derived from these projects. (h) To provide information as required by the Court of Auditors. (i) to have a system of accounting management and registration that allows to audit independently of the other activities of the company or entity the revenue, expenses, charges and payments, which are derived from the project. (j) Reinvest, in the same research project, any interest accrued on the grant received up to the time of the expenditure or, where appropriate, to compensate for the financial costs generated by credits granted to carry out the project activities, from the time of the notification of the grant decision to the grant of the grant, without, in any case, the financial cost compensation can exceed the cost of the legal interest of the money during the period concerned. If the possible interests are not applied to the alleged cases, they will be returned. (k) have made or, where appropriate, guaranteed refunds of amounts granted and paid in previous calls and whose repayment has been required by means of a claim prior to the executive route, or by a decision of the origin of the drawback, unless the suspension of the act had been agreed.

Nineteenth. Settlement of the grant. -In order to settle the grant, the beneficiary must complete and contribute to the IMSERSO within one month from the date of completion of the project:

(a) The supporting document of the project carried out in the terms set out in the twentieth provision.

b) Supporting documentation of the costs incurred.

Twenty-one. Supporting documents-The recipients of the grants will have to submit to the IMSERSO a supporting document on the application of the grants awarded and explanatory to the implementation of the subsidised project.

Memory must contain at least the following aspects:

(a) First and last name of the principal investigator and in his case of the participants of the entities that have been part of the group in the case of a coordinated project.

b) The name of the project. (c) The period of implementation. (d) An economic summary: the amount of the subsidy, the state of liquidation broken down by the source of the financing and the concepts of expenditure. (e) The methodology or instruments used. (f) The objectives envisaged, quantified as far as possible. (g) The results obtained from the project, quantified and valued as far as possible. (h) Conclusions.

The IMSERSO will propose a corresponding declaration on the success or failure of the project, in order to meet the objectives.

Twenty-first. Justification for costs and documentation.

1. The beneficiary shall justify the costs incurred in the implementation of the project. To do so, it must take into account the provisions of Article 31 of Law 38/2003 of 17 November, General of Grants, as well as the relationship of financial costs established in the 17th provision of this Order. In particular, expenditure which is in line with the nature of the activity supported and which has been carried out since 1 January corresponding to the year in which the call for a call is published shall be eligible. the date of completion of the project, which shall in any event not exceed 31 December of the financial year or financial year for which the grant was granted.

2. In terms of staff costs, the following will be available:

(a) In the case of personnel with employment contract, copy of the contract and receipts of the signed payrolls. If it's about fellows, receipts from the perceptions received. In the event of payment by bank transfer, the worker's signature is replaced by the voucher issued by the bank.

(b) In the case of specific procurement of services, copies of such contracts and invoices or documents of equivalent probative value with validity in the legal traffic corresponding to the service provided. (c) Justification of the withholding and entry into the Delegation of the State Agency of Tax Administration of the amounts corresponding to the Income Tax of the Physical Persons and Justification of Retentions and Income of Security Social: TC2 models of contributions to Social Security in which each worker participating in the Project will be duly identified. Model 190 (Annual Summary of Retentions for the Income Tax of the Physical Persons), with the sheets corresponding to the annual paid salaries of the persons who are charged to the project, duly identifying the participants in the same. Copies of the Certificates of Retentions given to the workers for their income tax return of the Physical Persons, duly sealed and signed by the beneficiary, will be accepted.

3. The costs shall be justified by invoices and other documents of evidentiary value, in original or photocopy photocopy of the original, in sufficient detail to prove the correct application of the funds. Those documents shall comply with the requirements laid down in Royal Decree 1496/2003 of 28 November 2003 approving the Regulation governing the invoicing obligations.

When in accordance with generally accepted accounting standards the justification of costs is accepted by means of charge notes, they shall be accompanied by supporting documents supporting the expenditure or its imputations. 4. The supporting documentation of the expenditure incurred shall be accompanied by a list of supporting documents for each concept of expenditure authorised in the 17th provision of this standard, which are listed in a relatively short form. 5. Where the activities have been financed, in addition to the grant, with other grants, aid, revenue or resources for the same purpose, from any public or private administration or public authorities of the Union European or international bodies, the amount, provenance and application of such funds must be credited to the subsidised activities. 6. The beneficiary of the grant shall be obliged to keep the supporting documents for the implementation of the activity underlying the grant of the grant, as well as for the implementation of the funds received. The time limit shall be 4 years and shall be taken into account at the end of the period laid down for the purpose of submitting the said justification by the beneficiary. In the case of actions co-financed with Community funds, the Community rules will apply in this respect. Entities which, without having elapsed, decide to suspend their activity or to disband, shall send copies of the said documentation to the competent body.

Twenty-second. Monitoring and control. The IMSERSO will monitor and control the projects supported, in order to verify the development and verify compliance with the conditions and requirements established in this order and in the respective without prejudice to the powers of the General Intervention of Social Security and the Court of Auditors. The beneficiaries shall provide such verification actions.

Twenty-third. Recovery procedure.

1. The recipients of the grants provided for in this call are subject to the sanctioning regime established for administrative infringements in the field of grants in Law 38/2003 of 17 November, General of Grants.

The amounts to be reintegrated will have the consideration of income from public law, resulting from application for their collection as provided for in Law 47/2003, of November 26, General Budget, according to Article 38.1 of Law 38/2003 of 17 November, General of Grants. In accordance with the provisions of Article 37 of Law 38/2003 of 17 November of the General Law on Subsidies, the recovery of the amounts received and the requirement of interest for late payment from the time of payment of the subsidy shall be made. until the date on which the origin of the refund is agreed, in the following cases:

a) Obtaining the grant by distorting the conditions required for this or by concealing those that have prevented it.

b) Total or partial non-compliance with the implementation of the project or the non-adoption of the obligations underlying the grant of the grant. (c) Failure to comply with the obligation of justification or insufficient justification. (d) Failure to comply with the obligation to adopt the measures for dissemination. (e) Resistance, excuse, obstruction or refusal of actions for financial verification and control, as well as non-compliance with accounting, recordable or document-keeping obligations where the impossibility of verify the use of the funds received, the fulfilment of the objective, the reality and the regularity of the activities supported, or the concurrence of grants, aid, revenue or resources for the same purpose, from any public or private authorities, national, European Union or national international bodies. (f) Failure to comply with the obligations imposed by the Administration on the beneficiaries, as well as the commitments made by the beneficiaries, on the occasion of the grant of the grant, provided that they affect or relate to the way in which they are to be obtained the objectives, to carry out the activity, to implement the project or to adopt the behaviour that is based on the grant of the grant. (g) Failure to comply with the obligations imposed by the Administration on the beneficiaries, as well as the commitments made by those beneficiaries, on the basis of the grant of the grant, other than the previous ones, where the impossibility is to verify the use of the funds received, the fulfilment of the objective, the reality and the regularity of the subsidised activities, or the concurrence of grants, aid, revenue or resources for the same purpose, from any public or private authorities, national, European Union or national international bodies. (h) In the other cases of non-compliance with the obligations laid down in this Order.

2. The procedure for reimbursement shall be governed by the provisions of Article 41 et seq. of Law 38/2003 of 17 November, General of Grants.

The declarative procedure for non-compliance and the origin of the refund will be initiated on its own initiative as a result of the initiative of the convening body, once the supporting documentation of the expenditure of the grant and not found complete and compliant in whole or in part, or in the face of the detection of any of the remaining causes of drawback. It shall also initiate the procedure as a result of a higher order, of the reasoned request of other bodies which have or have not conferred powers of inspection in the field, or of the formulation of a complaint, as well as as a result of the financial control report issued by the General Intervention of Social Security. In any of the cases, the opening of the procedure shall be preceded by the prior steps of review or verification of the concurrency of the cause of initiation, and a period of not more than twenty days may be enabled for the of omissions and/or defects in the justification submitted by the subsidised entities. The processing of the procedure shall in any event ensure the right of the person concerned to the hearing. The declaration of non-compliance and the origin of the refund shall be issued and shall be notified to the persons concerned by registered mail with acknowledgement of receipt or by any means which permits the receipt to be recorded. It shall terminate the administrative route and may institute proceedings against the same replacement for the replacement of the IMSERSO Directorate-General within one month from the day following that of the notification of the decision, as laid down in Articles 116.1 and 117.1 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, or directly administrative litigation within the period of two months from the day following that of the notification of the decision, in accordance with the Article 46 of Law 29/1998 of July 13, regulating the Administrative Court of Justice. 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 the provisions of Article 42 (5) and (6) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. The proceedings shall be terminated and the proceedings shall be closed without further processing if the person concerned subsates the defects detected in the justification of expenditure or voluntarily reintegrate the quantities for which the application is incorrect, and it is accredited to the convening body at any time of the procedure before the declaration of a declaration of non-compliance and the origin of the refund is issued. 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 sanctioning procedure. Once the declaration of non-compliance and the origin of the refund has been issued, the latter shall be made in accordance with the provisions of Law 47/2003 of 26 November, General Budget. Twenty-fourth. Criteria for the graduation of possible non-compliances. -In order to determine the amount to be received by the beneficiary, or where appropriate, the amount to be recovered, as a result of possible non-compliances under the conditions imposed on the basis of the grant of the grant, the principle of proportionality in the application of the following criteria shall be taken into account:

a) The existence of intentionality in the non-compliance.

b) The reiteration in your commission within the previous 5 years. (c) The nature of the damage caused. d) The seriousness of the non-compliance.

Twenty-fifth. Application of this Order. -As not provided for in this Order, the provisions of Law 38/2003 of 17 November, General of Grants; in Law 47/2003 of 26 November, General Budget; in the Rules of Procedure for the the granting of public subsidies, approved by Royal Decree 2225/1993, of 17 December, in which it does not object to the provisions of Law 38/2003 of 17 November, General of Grants; in Law 13/1986, of 14 April, of Fomento y General Coordination of Scientific and Technical Research; Law 30/1992 of 26 November 1992. Legal status of the public authorities and the common administrative procedure and the other rules in force which are applicable.

Twenty-sixth. Faculty of Development. -It is authorized to dictate to the Director General of the IMSERSO, prior to the completion of the procedures that are mandatory, how many provisions are necessary for the development and execution of the provisions of this Ministerial Order.

Twenty-seventh. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 20 May 2005.

SANCHEZ-CAPTAIN BOILER

ANNEX Content thematic of the actions to be developed in the R + D + I projects supported by the IMSERSO.

The thematic priorities of the research and development projects are as follows:

A) National Program of Support Technologies for people with disabilities and older people.

I understand the following headings, which for the most part are common for improving the quality of life of people with disabilities and older people.

A-1) Products and services for people with disabilities and older dependents.

A-2) Support technologies:

Technical aids for Valuation, Treatment and Rehabilitation.

Technical aids for Mobility and Spelling. Technical aids for people with visual impairments. Technical aids for hearing and communication. Technical aids for the personal autonomy and Activities of the Daily Life (AVD). Adapted Furniture.

3) Accessibility: Accessibility to Information and Communication.

Urban Accessibility and in the Building. Accessibility to the Car and the Media. Accessibility in the Job Post.

A-4) Design for All.

B) National Program of Social, Economic and Legal Sciences. It is based on four lines of research that are as follows:

B-1) Research Lines Related to Active Ageing and Prevention of Dependence. 1. Healthy and active aging. Bases for a policy of health and quality of life specific to the elderly.

2. Definition of life style profiles that favor active aging. 3. Intervention strategies for the promotion of the social participation of the elderly. 4. Description, analysis and evaluation of the intergenerational programs currently developed in Spain. 5. Description, analysis and evaluation of University Programs for seniors. 6. Premature aging of persons with disabilities.

B-2) Lines of Research on Needs of Persons at Risk or in Situation of Dependence and Proposals of Interventions. 1. Needs perceived by people in a situation of dependency on different support systems, 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 memory programs, prevention and non-pharmacological treatments in Alzheimer's disease. 4. Socio-health needs of people with dependency. 5. Systems of integral management of Residences of care to elderly people in a situation of dependency.

B-3) Lines of Research on the Influence of Aging in Socioeconomic Aspects. 1. Economy and older people.

2. Architecture for seniors.

B-4) Research Lines on Metrological Aspects Related to Aging. 1. Development of synthetic indicators (dependency and quality of life ...)