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Order Of 29 March 2000 On Establishment, Reorganization, And Fundraising Executive Of The Social Security Units Functions.

Original Language Title: Orden de 29 de marzo de 2000 sobre establecimiento, reorganización y funciones de las Unidades de Recaudación Ejecutiva de la Seguridad Social.

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TEXT

The General Regulation on the Collection of Resources of the Social Security System, approved by Royal Decree 1637/1995 of 6 October 1995, in Article 3 (2), provides for the existence of collection units Executive in the field of each Provincial Directorate of the General Treasury of Social Security for the exercise of the functions assigned to them expressly in that Regulation and in the other supplementary provisions, as well as for those determine the Director-General of the General Treasury and, subject to the authorization of the Director, the Director provincial of the same.

However, Article 3 (3) of that General Regulation of 6 October 1995 empowers the Minister for Labour and Social Affairs to authorise, on a proposal from the Director-General of the Treasury General of Social Security and when the concurrent circumstances in order to the best service so advise, that the Units of Executive Collection to be determined, extend their performance to the entire territory of the State or to the geographical scope to be fixed, with the functions that are established in each case.

Under the provisions of the provisions of the General Law of 11 October 1991, which are contained in similar terms, and also in application of the provisions of Article 3 of Royal Decree 1328/1986, of May 9, on the organization of executive revenue in the field of social security, the ministerial orders of the said department of 11 March 1987, 7 March 1990 and 22 March 1993, have successively implemented the Units of Executive Collection in each Provincial Directorate of the General Treasury of Security Social. At the same time, the Order of 22 February 1996, in its seventh additional provision and on the proposal of the Director General of the General Treasury, creates a Unit for Executive Collection of State Social Security, based in Madrid and with jurisdiction over the entire territory of the State, for the executive procedures it indicates.

Such a regulation concerning the administrative organization of the Executive Collection Units was given prior to the validity of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State and Law 50/1997 of 27 November of the Government.

Subsequently to its creation, the experience gained in the development of the management entrusted to the network of Social Security Executive Collection Units at the provincial and state level, advises a rethinking of the The Commission has been able to obtain a more complete executive collection of social security and adequate to the current needs of this management, not only in the state and provincial areas, but also in the autonomous areas.

In this sense, through this Order, on the one hand, the scope of the functions and tasks that correspond to the Executive Collection Unit of the State Social Security is enhanced and completed. On the other hand, the creation of a network of Regional Social Security Executive Collection Units is carried out, thus completing the network established at the provincial and state level, and solving the dysfunctions and shortcomings reported in the Social security executive collection organisation, especially in the case of debtors in a prize situation and with work centres in different provinces of the same Autonomous Community.

Finally, the management experience requires a reorganization of some Executive Collection Units in certain Provincial Directorates of the General Treasury of Social Security, through the creation of new Units that solve the dysfunctions produced by the excessive charge assumed by some of the currently existing ones.

Therefore, in accordance with Articles 10.2, 34.2 and 67.2.b of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, and 25.f) of Law 50/1997 of 27 November 1997, of the Government, on a joint proposal of the Ministers of Labour and Social Affairs and Public Administrations, I have:

Article 1. Functions and organizational structure of the State-owned Executive Collection Unit.

1. The State Social Security Executive Collection Unit, established by the additional provision seventh of the Order of 22 February 1996, for which the General Regulation on the Collection of the Resources of the System of the Social Security, you will have the following functions:

(a) Address the executive collection management carried out by the Non-State Executive Collection Units in respect of debtors with Social Security whose debts in the state of the prize are of equal or greater than Five hundred million pesetas, in cases where this is determined by the Director General of the General Treasury of Social Security.

(b) Coordinate the administrative procedures for the award in a row in respect of debtors with Social Security who are in charge of universal execution procedures, as well as against debtors to whom they have been granted deferrals of debts by the Central Organ of the General Treasury of Social Security and which will result in unfulfilled.

c) Conduct special actions in the administrative procedure for the award, in cases that fall within the competence of the Social Security Executive Collection Units of non-state or, where appropriate, continue the award procedures, where they are expressly entrusted to him by the Director-General of the General Treasury of Social Security or the body designated by him, by the circumstances which are concurrent or according to the needs or by convenience of collection management.

d) To follow the administrative procedure for the award to debtors with Social Security who have work centers open simultaneously in different provinces, whether or not they form part of the same Autonomous Community, or in the territorial scope of two or more Executive Collection Units of the same province, provided that it is expressly entrusted to it by the Director-General of the General Treasury of Social Security or the body designated by it.

2. The State-owned Executive Collection Unit shall have the organic structure to be determined in the employment relationship of the General Treasury of Social Security.

Article 2. Creation of Regional Executive Collection Units: functions and organizational structure.

1. Eight Regional Social Security Executive Collection Units are created, with territorial scope of action and headquarters in each of the Autonomous Communities and cities that are indicated, respectively, in Annex I of this Order.

2. The Regional Social Security Executive Collection Units shall have the following functions:

(a) Address the executive collection management carried out by the Executive Collection Units existing in their territorial scope of action against debtors with the Social Security whose debts in the situation of the prize are of amount less than five hundred million pesetas and more than one hundred million.

b) Carry out the acts and formalities of the administrative procedures for the award of the award in a row against debtors with the Social Security, which, if necessary, have working centers open simultaneously in different provinces of the Autonomous Community to extend its territorial scope of action.

(c) Carry out the acts and formalities of the administrative procedures for the award of the award in front of debtors with the Social Security, within their respective territorial scope of action, when special circumstances are present complexity or other factors which so warrant and after decision to the effect of the Director-General of the General Treasury of Social Security or the body designated by him.

d) Carry out those other functions of executive revenue which, belonging to the management area of the General Treasury of Social Security, are entrusted to them by the Central Management Bodies or, where appropriate, the respective Director Provincial of that General Treasury in the Autonomous Communities of the Autonomous Communities.

3. The Regional Social Security Executive Collection Units shall have the organic structure to be determined in the employment relationship of the General Treasury of Social Security.

Article 3. Creation of Social Security Executive Collection Units in the field of the Provincial Directorates of the General Treasury of Social Security.

1. Nineteen new Executive Collection Units are created in the territorial scope of the activities of the Provincial Directorates of the General Treasury of Social Security, which are specified and based in the cities that are also mentioned in the Annex II to this Order.

2. The Executive Collection Units that are created in the Provincial Directorates of the General Treasury of Social Security indicated in the preceding number will have the organic structure to be determined in the relation of the jobs of the General Treasury of Social Security.

Single transient arrangement. Maintenance of functions and validity of actions up to the implementation of the new Executive Collection Units.

1. The Social Security Executive Collection Units existing at the date of entry into force of this Order, who are developing the functions that are attributed to the Executive Collection Units that are created by it, continue to develop such functions until the new Executive Collection Units are established.

2. The acts and formalities carried out by the present Executive Collection Units of Social Security in the administrative procedures of the award will be valid and will have full effects on the new administrative procedures of the award that they are initiated or continued by any of the Executive Collection Units that are created or reorganized by this Order and to which they are dealt with, regardless of whether or not the person responsible for the payment has his or her domicile in the territorial demarcation of the Unit to be followed by the procedure.

Single repeal provision.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Order.

Final disposition first. Ratings.

1. The Secretary of State for Social Security is empowered to fix, on a proposal from the Director-General of the General Treasury of Social Security, the territorial scope of the new Executive Collection Units created in the Provincial Directorates of the General Treasury and referred to in the third paragraph, with the consequent territorial redistribution of the remaining Executive Collection Units existing in the affected provinces, and modify the location of the locations of such Units according to the needs of the collection organization.

2. The Secretary of State for Social Security and the Under-Secretary for Labour and Social Affairs are empowered to resolve, in the field of their respective powers, all questions of a general nature to be raised in the application of the present Order.

3. The Director-General of the General Treasury of Social Security is empowered to gradually implement the Social Security Executive Collection Units that are created by this Order, according to the possibilities and needs of the collection management.

Final disposition second. Entry into force.

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

Madrid, 29 March 2000.

ALVEZ-HELMETS FERNANDEZ

Excms. Mr Ministers of Labour and Social Affairs and Public Administrations.

ANNEX I

Autonomous Community

Headquarters

Andalusia

Seville.

Balearic

Palma de Mallorca.

Canary

The Palms.

Catalonia

Barcelona.

Galicia

A Coruña.

Madrid

Madrid.

Basque Country

Bilbao.

Valencia

Valencia.

ANNEX II

Addresses

Total

1 Capital.

Balearic

1

1

1

1 Capital.

Barcelona

3

1 Prat de Llobregat-1 Premia de Mar-1 Sabadell.

Madrid

6

3 Capital-1 Las Rozas-1 Leganes-1 Carnero.

1 San Bartolome of Tirajana

1

1

Santa Cruz de Tenerife

3

1 Adeje-1 Candelaria-1 Santa Cruz de la Palma.

Seville

3

1 Mithing Bollullos-1 River Lora-1 Utrera.

Toledo

1

1 Illescas.