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Order Of 2 August 2001 By Which Dictate Rules For The Application Of The Provisions Of Article 5 Of Royal Decree-Law 6/2001, Of 6 April, By Which Adopt Urgent Measures To Repair The Damage Caused By The Rains And Tempor...

Original Language Title: ORDEN de 2 de agosto de 2001 por la que se dictan normas para la aplicación de lo dispuesto en el artículo 5 del Real Decreto-ley 6/2001, de 6 de abril, por el que se adoptan medidas urgentes para reparar los daños causados por las lluvias y tempor...

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TEXT

The final provision of Royal Decree-Law 6/2001 of 6 April 2001 adopting urgent measures to repair the damage caused by the rains and storms that have occurred since the last days of October 2000 until At the end of January 2001 in the Autonomous Communities of Galicia and Castile and Leon, it empowers the various holders of the Ministerial Departments, in the field of their powers, to make the necessary arrangements and to establish the deadlines for the implementation of the provisions of the Royal Decree-Law.

In order to ensure the effective implementation of the measures contained in Article 5 of the Royal Decree-Law, as well as to unify criteria in its implementation, it is necessary to make a timely provision.

In its virtue, I have had to dispose:

Article 1. Bonus and moratorium on the payment of Social Security contributions in the Special Agricultural and Workers ' Schemes By Account or Autonomy, as well as the repayment of the quotas affected by the bonus and the moratorium that they would have already entered.

1. For the purposes of the 50 per 100 allowance in the months of December 2000 and January 2001 and the moratorium of one year without interest in the payment of the monthly contributions of the self-employed persons included in the Special Scheme Agriculture of Social Security and of the holders of agricultural holdings included in the Special Scheme for Social Security of Workers for the Account of Own or Self-employed persons, including, where appropriate, those relating to accidents at work and occupational diseases and those of temporary incapacity and relating to the months of January to June 2001, both In addition, as well as the 50 per 100 bonus in the business quotas for actual days of the Special Agrarian Regime, corresponding to the months of December 2000 and January 2001, and the moratorium of one year without interest in the payment of (i) these quotas for actual days, extended both to the quotas for accidents at work and occupational diseases, including the form of hectares, and to the business contributions for the concepts of joint collection, corresponding to the months of January to June 2001, inclusive, all of which were laid down in Article 5 of the Royal Decree-Law 6/2001, of 6 April, the following rules shall apply:

(a) The requests for the bonuses and moratoriums in the payment of quotas shall be submitted in the Provincial Directorate of the General Treasury of Social Security or in its Administrations or, where appropriate, in the Delegation or in the Subdelegation of the Government in the provinces of the Autonomous Communities referred to in the Order of 27 April 2001, by the Minister of the Interior, determining the municipal terms and population centres to which the measures provided for in the repeated Royal Decree-Law 6/2001 of 6 April, or in any other of the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Notwithstanding the above mentioned above, employers who are authorized to manage certain formalities related to the listing and collection will formalise their applications for bonus and/or a moratorium on the payment of quotas, in any case, to the Provincial Directorate of the General Treasury of Social Security or Administrations of the same province in which such centralized management is authorized.

A request for a bonus and a moratorium on the payment of fees shall be accompanied by the supporting documentation of the location of the undertakings or holdings concerned, as well as certification or report of the damage suffered by the temporary heavy rain and wind from the last days of October 2000 until the end of January 2001, issued by the respective City Council, Deputy Government Delegate or, where appropriate, by the Government Delegate, without prejudice to the provisions of Article 2 of this Order.

(b) The time limit for the submission of the applications for the bonus and the moratorium on quotas shall be that of the three months following that of the publication of this Order in the "Official Gazette of the State".

(c) The grant or refusal of the bonus and the moratorium shall be agreed upon by the respective provincial director of the General Treasury of Social Security or, where appropriate, by the Director of the Administration of Security Social security, in accordance with the distribution of powers established for the same in the case of deferrals.

The one-year period of the moratoriums granted will be computed from the last day of July 2001 and during the same period the debt will not accrue interest.

(d) Applicants who have been granted the moratorium shall, however, be obliged to submit the listing documents in the same manner and time limits as are generally established, even if they do not enter the quotas.

e) Concluded the deadline for the moratorium, the amount of the quotas corresponding to each of the six

items to be subject to the same shall be entered in conjunction with the respective common shares of each of the first six months following the end of the moratorium, under the terms and conditions laid down in this Regulation. with a general character.

2. Bonificated quotas and quotas entitled to a moratorium which would have already been entered, including, where appropriate, the surcharges and costs which would have been satisfied, shall be returned upon request by the parties concerned together with the documents proof of their payment and of the damage suffered, in the terms indicated for the latter end in this Article and in the following Article, unless they have already been provided with the application for a bonus and a moratorium.

2.1 Applications for refund of the fees already paid and which are subject to bonus and moratorium may be submitted together with the application for the grant of the bonus and the moratorium and, in any case, within the deadline laid down in paragraph 1 (b) of this Article.

2.2 If the person who has the right to return continues to be discharged under the corresponding Social Security System, the General Treasury of Social Security, unless the person concerned expresses the contrary, may apply, in whole or in part, the amounts to be returned to the payment of the fees to be paid by the beneficiary as from the date of notification of the decision recognizing the right to return, expressly stating in that resolution.

2.3 If the person who is entitled to the refund is liable for payment of the Social Security for other periods, the credit for the refund will be applied to the payment of outstanding debts with the same in the form that (a) legally applicable, without prejudice to the right of the person to request extraordinary adjournment of all outstanding shares which are thus not compensated in accordance with the terms laid down in the Order of 26 May 1999 for which the the General Regulation on the Collection of Resources of the Social Security System, approved by the Royal Decree 1637/1995 of 6 October 1995.

Article 2. Accreditation of the damage caused by the rains and storms.

For the purposes of the foregoing Article, it shall be sufficient to prove the damage suffered by the undertaking, where appropriate, having obtained favourable judgment in the employment regulation file, in the event that the has been requested as a result of the damage caused by the rains and storms which have occurred since the last few days of October 2000 until the end of January 2001 in the Autonomous Communities of Galicia and Castilla y León, or both the employer concerned and the self-employed person have obtained the documentation proof of the losses referred to in paragraph 1 (a) of that Article.

Article 3. Bonus and moratorium on the payment of Social Security contributions in the Special Regime of the Workers of the Sea, as well as the return of the quotas affected by the bonus and the moratorium that have already been entered.

For the purposes of the 50-per-100 bonus in the December 2000 and January 2001 quotas and the one-year moratorium on interest in the payment of the quotas and the joint collection concepts for the months from January to June 2001, inclusive, in favour of employers and employed and self-employed persons or self-employed persons included in the Special Scheme for the Social Security of the Workers of the Sea, as well as the bonus exceptional 75 per 100 for the contributions of the collective of foot marshers and corresponding to the From January to June 2001, with refund in the case of the affected quotas which have already been entered, also established in Article 5 of the Royal Decree-Law 6/2001 of 6 April 2001, the rules contained in the Articles 1 and 2 above, with the following particularities:

(a) Applications for a bonus and a moratorium may also be submitted at the Maritime Fisheries Capitaine or the Fisheries and Aquaculture Department of the Galicia Board, as well as in the Local Directorates or in the Directorates Provincial of the Social Institute of the Navy.

The accreditation of the damage suffered shall be carried out by means of the documentation issued to the effect by the aforementioned Maritime Captaincy of Fishing and Concierge of Fishing and Aquaculture of the Board of Galicia or by the corresponding authority on the basis of the activity of the sector, or through a favourable resolution in the case of an employment regulation as laid down in Article 2.

b) The granting or refusal of the allowances in the quotas shall be agreed by the respective provincial director of the Social Institute of the Navy.

Additional disposition.

In the references to the workers in this Order, the workers of the Cooperative Cooperatives in the Special Agricultural and Sea Workers ' Regimes will also be included.

Final disposition.

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

Madrid, 2 August 2001.

APARICIO PEREZ

Excmo. Mr Secretary of State for Social Security.